The Regional Court in Warsaw, Third Civil Division, composed of the following judges:

Presiding Judge: SSO Joanna Korzeń

Judges:                  SSO Joanna Kruczkowska, SSO Joanna Bitner (rapporteur)

having examined in closed session on February 3, 2017, in Warsaw, the case brought by M. D. as representative of the group against (…) sp. z o.o. in K. for payment,

decides:

The Regional Court in Warsaw, Third Civil Division, composed of the following:

Presiding Judge: SSO Joanna Korzeń

Judges: SSO Joanna Kruczkowska, SSO Joanna Bitner (rapporteur)

having examined in closed session on January 31, 2017, in Warsaw, the case brought by M. D. as representative of the group against (…) sp. z o.o. in K. for payment,

decides:

The Regional Court in Gdańsk, 15th Civil Division, composed of:

Presiding Judge:    SSO Joanna Baraniecka-Galińska

Judges:                    SSO Magdalena El-Hagin, SSO Agnieszka Piotrowska

having examined on October 25, 2021, in Gdańsk, in a closed session, the case brought by [data of 1 person] acting as a representative of a group against the Bank for payment,

decides:

The Regional Court in Warsaw, 3rd Civil Division, composed of:

Presiding Judge:    SSO Rafał Schmidt

Judges:                    SSO Joanna Kruczkowska, SSO Kamila Grajewska

having examined on December 21, 2023, in Warsaw, at a closed session, the case brought by M.D. against (…) limited liability company with its registered office in G. for payment regarding the approval of a settlement and discontinuation of proceedings, hereby decides:

1. In class action proceedings, the party in the procedural sense is the representative of the group who conducts the proceedings on their own behalf, not the individual members of the group. Adopting a different concept would be inconsistent with a rational interpretation, in particular with Article 4(1) and (3) of the Act on Pursuing Claims in Class Action Proceedings.
2. At the stage of examining the admissibility of a case in class action proceedings, the legislator introduced a requirement for the homogeneity of the claims of the group members. Homogeneity of claims occurs when the members of the group submit requests for legal protection in the same form to their representative.

The Court of Appeal in Warsaw, 1st Civil Division, composed of the following:

Presiding Judge:      SSA Agnieszka Wachowicz-Mazur

having examined on December 15, 2022, in a closed session, the case brought by D. D. as representative of the group against (…) AG in W. (Germany) for payment as a result of the plaintiff’s appeal against the decision of the Regional Court in Warsaw of November 27, 2017, file ref. no. III C 1310/16, decides:

1. to amend the contested decision in such a way as to refuse to dismiss the action;
2. to leave the decision on the costs of the appeal and cassation proceedings to the court of first instance in its final ruling.

1. The amount of damage should be determined based on the ratio of the value of the lost part of the service to the value of the entire tourist event. As a rule, this should be assessed from the perspective of an average participant in an event with a specific purpose and program. In the event of difficulties in determining the damage, the court may apply Article 322 of the Code of Civil Procedure, which states that in a case for damages, if the court finds that it is impossible, extremely difficult, or obviously pointless to prove the exact amount of the claim, it may award an appropriate sum in its judgment based on its assessment of all the circumstances of the case.
2. The Frankfurt Table has not been implemented in Polish legislation, but it is not inadmissible for courts to refer to it. It is the main indicator helpful in calculating the amount of compensation for non-performance or improper performance of a tourist service.
3. The claim for compensation is strictly individualized, but circumstances such as the purpose of the trip (e.g., a honeymoon or anniversary trip), traveling with a small child, or traveling while pregnant are of little significance.

The Court of Appeal in Wrocław, 1st Civil Division, composed of:

Presiding Judge: SSA Adam Jewgraf, having examined on January 11, 2024, in Wrocław, at a hearing the case brought by [details of 21 members of the group] against (…) Sp. z o. o. in O. for payment

as a result of the defendant’s appeal against the judgment of the Regional Court in Opole of September 5, 2022, file ref. no. I C 235/19,

1. dismisses the appeal;
2. orders the defendant to pay the plaintiffs, through the representative of the group E. L., PLN 4,050 as reimbursement of the costs of the appeal proceedings.

The Regional Court in Krakow, 1st Civil Division, composed of the following:

Presiding Judge:           SSO Edyta Barańska (rapporteur)

Judges:                           SSO Barbara Wypchło-Grymek, SSO Izabela Fountoukidis

having examined on July 23, 2020, in Krakow, at a closed session, the case brought by G. S. (1), representative of a group consisting of K. H. (formerly B.), J. H., A. C., Z. C., M. P., H. K., N. S., O. B., K. K., R. K., A. K., R. S. against Klub (…) Sp. z o.o. Sp. k. in K. for damages, hereby decides:

1. The wording of Article 15 zzs1 1(4) of the Act on Combating Covid-19 and its purpose do not indicate that its scope of application should be limited to proceedings whose comprehensive regulation is found only in the Code of Civil Procedure. This would mean excluding those proceedings which merely refer to the relevant or direct application of the provisions of the Code of Civil Procedure.
2. In conclusion, it should be assumed that Article 15 zzs1 1 point 4 of the Act on Combating Covid-19 also applied to class action proceedings regulated by the Act on Pursuing Claims in Class Action Proceedings.

The Court of Appeal in Łódź, 1st Civil Division, composed of:

Presiding Judge:            SSA Jacek Pasikowski (rep.)

Judges:                            SSA Wiesława Kuberska, SSA Tomasz Szabelski

having examined on January 29, 2024, in Łódź, in class action proceedings at a hearing of the case brought by M. (1) in W. – acting on behalf of the following members of the group: [1,729 group members] against (…) Joint Stock Company with its registered office in W. for a determination with the participation of the Prosecutor of the Prosecutor’s Office (…) in Ł.

as a result of the plaintiff’s appeal against the judgment of the Regional Court in Łódź of February 9, 2022, issued in case no. I C 1219/20

overturns the contested judgment, discontinues the proceedings before the Court of First Instance as of September 28, 2021, and refers the case back to the Regional Court in Łódź for reconsideration, leaving it to that court to decide on the costs of the appeal proceedings and the motions to withdraw from the group or discontinue the proceedings filed by its members.

The Regional Court in Wrocław, 1st Civil Division, composed of the following:

Presiding Judge: SSO Rafał Cieszyński

Judges: SSO Aneta Fiałkowska-Sobczyk, SSO Sławomir Urbaniak

having examined in closed session on June 24, 2024, in Wrocław, the case brought by the Municipal Consumer Ombudsman in (…) W. (group representative) against (…) Bank (…) S.A. with its registered office in W. for a declaration

1. The court concluded that the only acceptable resolution of the claims of the remaining members of the group was to discontinue the proceedings in respect of those claims pursuant to Article 355 of the Code of Civil Procedure in conjunction with Article 24(1) of the Act on the Pursuit of Claims in Class Actions, as it had become unnecessary to issue a judgment in this regard (in the case of persons who had entered into settlements with the defendant) and the court had no authority to rule on the merits of the claims of the remaining members of the group. 1 of the Act on Pursuing Claims in Group Proceedings, as it had become unnecessary (in the case of persons who had reached settlements with the defendant) and inadmissible (in the case of persons who had obtained final judgments in separate cases) to issue a judgment in this regard. In the court’s opinion, however, it was inadmissible to issue a ruling on the removal of persons from lists 2 and 3 from the group of members, because the provision of Article 17(3) of the Act on the Pursuit of Claims in Group Proceedings is formulated unambiguously and does not provide for a change in the composition of the group after it has been legally established.

The Regional Court in Łódź, 1st Civil Division, composed of:

Presiding Judge:           SSO Paweł Barański

Judges:                           SSO Katarzyna Wesołowska-Zbudniewek, SSO Anna Jóźwiak

having examined on October 15, 2024, in Łódź, at a hearing the case brought by the Municipal Consumer Ombudsman in W., acting on behalf of the members of the group listed in three lists attached to the judgment against (…) Spółka Akcyjna with its registered office in W., for a declaration