Poland already has a collective action regime in place.

What is the most common type of collective action you are seeing?

Disputes with developers, insurers, banks and the state treasury.

What are the various ways a group could bring a collective action?

The collective action is brought by a representative of the group (min. 10 persons), who is represented by an attorney-at-law, a district (municipal) consumer ombudsman or a Financial Ombudsman (depending on the case subject).

If collective actions are permitted, are these opt-in or opt-out actions?

There are both opt-in and opt-out actions.

The opt-in action is admissible until the expiry of the time limit (1 – 3 months) specified by the court in the notice of commencement of group proceedings.

The opt-out action is admissible until the decision on the composition of the group becomes final.

Does the law currently provide for private collective actions by consumers? 

Currently there is no list of qualified entities who can bring an action.

If collective actions are permitted are the usual forms of relief permitted and can punitive damages be claimed?

It depends on what type of action is brought as to what type of relief can be claimed. Punitive damages are not available.  

Are bodies which represent consumers able to bring actions on their behalf? And if yes, can these bodies bring cross-border actions?

A district (municipal) consumer ombudsman or a Financial Ombudsman can bring a collective action on behalf of the represented group (only as a representative of the group). Cross-border actions are permitted.

Is third party funding of litigation permitted?

Although permitted this does not happen in practice.

Is litigation funding permitted for collective actions?

There are strict rules. The fee is generally funded by the group bringing the action. The fee in group proceedings is half of the fee in “ordinary” proceedings and depends on the amountin dispute – it is between PLN 100 and PLN 200,000.

Are consumer groups and law firms allowed to advertise the collective actions they are running?

Only consumer groups can advertise. Law firms are not allowed to advertise.

Is there a formal mechanism to settle actions on a collective basis?

Settlements are made under the usual rules of the court.

If a trader loses a collective action does the law require the trader to publicise this?

Is there a penalty for non-compliance with a final decision issued in respect of a collective action?

The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.