POLAND LAW AND PRACTICE Contributed by: Krystyna Szczepanowska-Kozłowska, Marcin Ziarkowski, Krzysztof Popławski and Kacper Sobolewski, A&O Shearman, A. Pedzich Sp. k .
relation to potential anti-competitive practices, such as patent settlements, pay-for-delay agree - ments and the abuse of patent rights. For exam - ple, in Lundbeck v Commission (2021), the Euro - pean Court of Justice held that the pay-for-delay agreements at issue constituted restrictions of competition and affirmed/vindicated the EC’s decision to fine Lundbeck and the other parties EUR146 million.
those arising from bodily injury or health disor - ders. However, pecuniary claims related to bod - ily injury or health disorders, including claims of the immediate family of an injured person who died, can only be pursued to establish the defendant’s liability. Each member of the group must have damages and causation clearly established. Any monetary claims should be standardised within the group as equal lump-sum compensation payments, though smaller subgroups can be created if needed. During the preliminary stage of group proceed - ings, the court determines the group claim’s admissibility and decides to pursue the case as a class action or reject the lawsuit. A decision to examine the case is followed by an announce - ment to commence group proceedings. Indi - viduals who were not original claim holders can join the group, but the defendant can also file an objection to the inclusion of certain members. The merits of the claims are examined during the main stage of the group proceedings, which ends with the court issuing a judgment. Group proceedings in the life sciences and phar - ma sector are uncommon in Poland. However, there have been cases in which the claim holders used a mechanism of collective redress. In November 2024, a class action law - suit was filed by a group of Polish entrepreneurs regarding the establishment of liability of the State Treasury for losses arising from regula - tions that have created significant barriers for Pharmacies to enter and exit the pharmaceutical market.
11. Collective Redress 11.1 Group Claims
The Enforcement of Claims in Group Proceed - ings Act and the Code of Civil Procedure provide for a statutory collective redress procedure. Col - lective proceedings can be initiated by a group of at least ten individuals or legal entities whose claims are based on the same factual basis and can be pursued within a collective redress regime. Class actions are brought to the court by the group’s representative, who acts in their own name but on behalf of the whole group and must be represented by a professional attorney. Claims that can be examined include: • liability claims for damages caused by haz - ardous products; • claims for damages; • liability claims for non-performance or improper performance of contractual liability; • claims for unjust enrichment; • claims regarding customer protection; and • claims regarding bodily injury or health disor - ders. Claims for the protection of personal rights are not allowed in group proceedings, except for
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