On 19^th October 2018

File ref. no. XXVI GC 619/17

ORDER

1. Kindly order the publication of the ‘Announcement on commencement of group proceedings’ with the following content once in the daily paper (…) in accordance with the offer sent on 3^rd October 2018 (attach the e-mail) and its point 2 – advertisement pages – an announcement for the price of PLN (…)net (15 modules – font 9 points). Kindly send us a copy of the daily paper in which the announcement was published.

1. The mere fact that a judge adjudicating in a case related to the claims for the granting of credits indexed to foreign currency (Swiss francs) by banks denominated credits does has a credit of this type not in itself justify the proposition that there is such a circumstance which might cause reasonable doubt as to their impartiality in this case. The applicant for the exclusion of a judge must in any event demonstrate that that particular circumstance not only exists but above all affects the relationship of the judge with the parties to the proceedings and leads to preferential treatment of one of them.

1. To implement the group proceedings, it is sufficient that the set of basic circumstances constituting the factual basis of the demand is the same in relation to a sufficient number of persons. It is not, however, strictly necessary for convergence to occur in respect to all the circumstances forming the factual basis of the claims of individual group members.
2. Members of a group may raise claims of a different nature, and this is acceptable if such claims are made by all members of the group. Therefore, it is not the case that more than one claim can be made in a class action.

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

Presiding Judge:          Ryszard Sarnowicz, Court of Appeals Judge (rapporteur)

Judges:                          Krzysztof Tucharz, Court of Appeals Judge;

         Jacek Sadomski, Court of Appeals Judge

having examined on 2^nd October 2018 in Warsaw at the hearing in camera the case filed by D.C. as the group representative against (…) in W. for payment,

1. For the class action to be effective it is not a prerequisite for the facts of each claimant to be identical, as the appellant seems to expect. For the possibility of hearing a case in group proceedings, it is sufficient that the circumstances leading to the defendant’s liability towards each of the claimants are sufficiently common to allow the same mechanism of action of the entity responsible for the damage leading to its occurrence in each of them to be associated with them.

1. A person making a declaration on joining a group is intending to produce not so much a substantive legal effect as a specific procedural effect, however, this effect occurs only at the moment when the list of persons who have joined the group is presented to the court (Article 12(2) of the Act on Pursuing Claims in Group Proceedings), and provided that the representative decides to include the person making the declaration on that list. Therefore, even if the declaration is in a certain sense a substantive law statement, then absolute application thereto of the provisions on making a declaration of will does not seem to be appropriate.
2. The content of the decision on the announcement on commencement of the group proceedings does not determine or limit the factual basis which the claims of individual group members are based on. It is for the court to decide which claims are to be heard in group proceedings, in its decision to hear the case in group proceedings. The announcement is therefore of informative nature.
3. Missing declarations on joining the group may be supplemented upon the representative’s request.

1. The Act on Pursuing Claims in Group Proceedings does not contain regulations concerning entities wishing to join a group in the period between the filing of a statement of claims and the publication of a press announcement on the commencement of group proceedings. There are no grounds to claim that it is not possible to submit a declaration on joining the group in the period indicated, as the provisions of the Act do not explicitly prohibit this, but also explicitly do not permit the situation in question. However, it should be pointed out that those individuals must comply with the prerequisites laid down in the decision ordering the announcement and the announcement in the press, since a declaration by entities wishing to join a group must, de facto, be made after the announcement has been made.

The Regional Court in Warsaw 25^th Civil Division with the following ruling bench:

Presiding Judge:            Tomasz Gal Regional Court Judge

At the hearing in camera on 6^th July 2018 in Warsaw in the case proceeded in class action proceedings started by the group representative Consumer Ombudsman in County (…) against (…) joint stock company with registered office in W. for payment regarding the Defendant’s (…) joint stock company with registered office in W. complaint against the decision of 11^th May 2018.

decided:

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

Presiding Judge:              Urszula Wiercińska, Court of Appeals Judge

Judges:                               Jacek Sadomski, Court of Appeals Judge

   Agata Zając, Court of Appeals Judge (rapporteur)

having examined on 5^th June 2018 in Warsaw at the hearing the case filed by S.P. acting as the representative of the group: (…) against (…) S.A. in Z., for payment

following both parties’ appeal against the decision of the Regional Court for Warsaw-Praga in Warsaw of 22^nd April 2016, file ref. no. III C 491/12,

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

Presiding Judge:                Przemysław Kurzawa, Court of Appeals Judge

Judges:                                Lidia Sularzycka, Court of Appeals Judge, Ewa Kaniok, Court of Appeals Judge

having examined on 10^th March 2016 in Warsaw at the hearing in camera the case filed by P.K. against the State Treasury – Minister of Labor and Social Policy for establishment following the complaint of the State Treasury – Minister of Labour and Social Policy and Social Security in W. against the decision of the Regional Court in Warsaw of 4^th March 2015, file ref. no. I C 599/14