Abstract

The article concerns admissibility of class action and object of court findings in class action when the plaintiff restricts their request to establishing defendant’s liability (Art. 2.3 of the Act of 17 December 2009 on asserting claims by class action). The discussion is based on the Supreme Court judgment of 28.1.2015, I CSK 533/14, concerning establishment of liability and financial consequences of the construction disaster which occurred during the 2006 International Katowice Fair. With its judgment the Supreme Court overturned the decision of the courts of first and second instance, and allowed for a class action to be brought in that case assuming that the action of establishing defendant’s liability in a case for a financial claim in tort is admissible also when the damage and its amount depend on individual circumstances of a case. The author approves the flexible position of the Supreme Court and develops ots individual aspects.