The Court of Appeals in Warsaw, 1^st Civil Division in the following ruling bench:

Presiding Judge:        Grzegorz Chmiel, Regional Court Judge

Judges:                        Joanna Bitner, Regional Court Judge,

                                     Ewa Jończyk, Regional Court Judge

having examined on 29^th May 2017 in Warsaw at the hearing in camera the case filed by K.K. as the group representative against the Housing Association (…) in W. for payment

with regard to the amendment of the decision of 24^th January 2017 on establishing group membership on the basis of article 17(1) of the Act of 17^th December 2009 on pursuing claims in group proceedings (case file, p. 1483 et seq.)

hereby decides to:

1. In charges regarding the group membership the defendant should focus on proving that a specific person cannot obtain a group member status. Therefore the charges shall show, as was already said above, that the claim of a specific person (persons) does not have the characteristics of a specific group or does not present a factual link to the claims of other group members or that it is not of the same kind as the group claim. What is important, the defendant’s statements, according to generally applicable procedural rules, shall be proved in a proper manner by presenting relevant evidence.

The Court of Appeals in Warsaw 6^th Civil Division in the following ruling bench:

Presiding Judge:      Marzena Miąskiewicz, Court of Appeals Judge

Judges:                      Teresa Mróz, Court of Appeals Judge

                                   Grażyna Kramarska, Court of Appeals Judge

having examined on 23^rd March 2021 at a hearing in camera in Warsaw the case filed by District Consumer Ombudsman in (…) District against (…) Towarzystwo Ubezpieczeń Życie Spółka Akcyjna with its registered office in W. for payment

The Court of Appeals in Lodz 1^st Civil Division with the following ruling bench:

Presiding Judge:           Jacek Pasikowski, Court of Appeals Judge (rapporteur)

Judges:                           Dorota Ochalska-Gola, Court of Appeals Judge

                                        Wiesława Kuberska, Court of Appeals Judge

having examined on 15^th July 2020 in Lodz at a hearing the group action filed by Municipal Consumer Ombudsman in W. against (…) Spółka Akcyjna with its registered office in W. (previously (…) Bank Spółka Akcyjna with its registered office in W.) with the participation of Polish Ombudsman, for the establishment of the liability in group proceedings,

following the defendant’s appeal against the judgement of the Regional Court in Lodz of 3 July 2013, issued in the case to file ref. no. II C 1693/10, and claimant’s complaint against the decision on costs included in the judgement,

decides to:

The Regional Court in Warsaw 2nd Civil Division in the following ruling bench:

Presiding judge:            Marcin Polakowski, Regional Court Judge

Judges:                            Magdalena Antosiewicz, Regional Court Judge

  Sylwia Urbańska, Regional Court Judge

having examined on 20^th November 2020 in Warsaw at the closed hearing the case filed by District Consumer Ombudsman in S. acting as a group representative against (…) S. A. in W. for the establishment of a legal right

hereby declares that:

The Regional Court in Warsaw 14^th Civil Division in the following ruling bench:

Presiding judge:     Paweł Pyzio, Regional Court Judge

Judges:                     Agnieszka Bedyńska-Abramczyk, Regional Court Judge

     Krzysztof Tarapata, Regional Court Judge (delegated)

having examined on 16^th December 2020 in Warsaw at the closed hearing the case filed by Municipal Consumer Ombudsman in W.

against Towarzystwo Ubezpieczeń (…) Spółka Akcyjna with its registered office in W.

for payment and the establishment of a right

The Regional Court in Warsaw 24^th Civil Division in the following ruling bench:

Presiding judge:     Monika Dominiak, Regional Court Judge

Judges:                     Jacek Tyszka, Regional Court Judge

                                   Joanna Szekowska-Krym, District Court Judge (delegated)

having examined on 21^st May 2020 in Warsaw at the hearing the case filed by the Municipal Consumer Ombudsman in S. – the group representative against (…) Towarzystwo Ubezpieczeń na Życie Spółka Akcyjna (…) with its registered office in W. for payment,

decides to:

Court of Appeals in Warsaw 7th Commercial and Intellectual Property Division in the following ruling bench:

Presiding Judge: Arkadiusz Ziarko, Regional Court Judge (del.)

having examined on 22nd September 2021 in Warsaw at the hearing in camera, the case filed by (…) Polska sp. z o.o. in Warsaw against (…) Limited in N. (Cyprus) for the protection of copyrights and related rights in group proceedings

1. It is permissible to submit a declaration of joining the group also before the publication of the notice of commencement of group proceedings. Such a statement may not, however, be made by a group member directly to the court, bypassing the group representative.
2. The mere fact of conducting business activity, even if the address of this activity was to be a real estate paid for with funds obtained from a loan incurred from the defendant, does not prove that the loan agreement was concluded by members of the group as entrepreneurs and not as consumers.
3. The claims asserted in this action are based on the fact that each group member concluded with the defendant a loan agreement consisting of inadmissible contractual clauses. Certain differences in the drafting of the clause itself are irrelevant; the decisive factor should be whether, in each case, it leads to the application of an identical mechanism to all the interested members of the group. Nor does it matter how long the disputed clauses were in force in relation to each group member.
4. The purpose of a class action may only be achieved if, in these proceedings, the issues common to the class predominate the issues relating to the group members’ individual circumstances.