The Oder River Poisoning: It Is Worth Preparing to File a Lawsuit

  • ClassAction.pl

The injured parties should gather evidence to demonstrate the extent of the damage. The chances of a trial will be assessed once the culprits have been identified. For the time being, we do not know the possible perpetrators or the exact damages caused by the poisoning of the Oder. However, many companies, not only the tourist companies of Western Pomerania...

Exclusion From the Class Action

  • ClassAction.pl

A court decision on the composition of a group in group proceedings may be challenged by a classic complaint to the court of the second instance, the Supreme Court has ruled. In the case of 300 Swiss Franc credit holders represented by the Consumer Ombudsman in Szczecinek, the Regional Court determined the group's composition, which was challenged by Bank BPH,...

The fitness industry files a class action against the government and minister of health for restricting their operations during the pandemic

  • ClassAction.pl

Fitnes club operators are seeking compensation for restrictions on their business operations during the epidemic. On Thursday, they filed a class action in the Warsaw Regional Court against the government and the minister of health, demanding the court to determine the State Treasury’s liability for damages in connection with administrative bans on the operation of gyms and fitness clubs, i.e....

Swiss Franc Credit Holders: What is the significance of consultations of the Civil Chamber of the Supreme Court

  • ClassAction.pl

The summoning by the Civil Chamber of the Supreme Court of five institutions to take positions on Swiss Franc cases has surprised many lawyers. Questions arise: what might such a selection of addressees suggest about the final content of the resolution? After approximately four hours of a closed session, which is nothing unusual, the judges decided to consult the Polish...

Supreme Court – resolution of 7 judges in the case of Swiss Franc credit holders: the loan must be repaid, although the agreement is invalid

  • ClassAction.pl

In order to settle with the bank, the Swiss Franc credit holder must declare whether they will maintain the contract with unlawful clauses or wish to cancel it. That is the crux of Friday's resolution of the seven judges of the Civil Chamber of the Supreme Court responding to a question from the Financial Ombudsman. The effect of the Supreme...

Supreme Court: before the next clash in Swiss Franc cases

  • ClassAction.pl

On Friday, 7 May, a seven-member panel of the Supreme Court’s Civil Chamber is to answer questions from the Financial Ombudsman regarding the rules for resolving Swiss Franc disputes. The scope of the questions which are to be addressed by the entire Civil Chamber of the Supreme Court on 11 May is indeed narrower than those asked by the First...

Damages for flood victims from Płock – the Court of Appeals has issued a judgment in the class action

  • ClassAction.pl

The Court of Appeals in Łódź issued a final ruling that the victims of the flood of May 2010 are entitled to compensation. Almost 30 farmers may now claim specific amounts. The judgment was issued in group proceedings. The damages must be paid jointly and severally by the Governor of the Mazowieckie Province, Państwowe Gospodarstwo Wodne Wody Polskie ("Polish Waters"...

Final win of the flood victims from Sandomierz and surrounding area

  • Agnieszka Trzaska-Śmieszek
  • Magdalena Osmęda

On 7 September 2020, a class action initiated by a group of persons from Sandomierz and the surrounding area injured by flooding of May 2010 (see the timeline of the Sandomierz class action) (a total of 25 natural persons and entrepreneurs) represented by Zbigniew Rusak reached its final conclusion. Floodwaters damaged the group members’ households and places of business. By...

Dominik Gałkowski, Attorney-at-Law, on University of Warsaw students’ plans to bring a class action

  • ClassAction.pl

Dominik Gałkowski, attorney-at-law and co-managing partner at Kubas Kos Gałkowski, has commented on students’ plans to bring a class action against the University of Warsaw. The spread of Covid-19 resulted in necessary transition to distance learning. Students complain that the quality of training has been significantly lowered and the classes they are provided are more like online course. On this...

10 Years of Group Proceedings (Class Actions) In Poland

  • Agnieszka Trzaska-Śmieszek

Group proceedings (a Polish style of class action) have been functioning in the Polish system already for a decade. 19 July 2020 marked 10 years since the entry into force of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings which introduced the class action into Polish procedural reality. How can these ten years be summarised? In...