The Court of Appeal in Gdańsk, 5th Civil Division, composed of:
Presiding Judge: SSA Elżbieta Milewska-Czaja
Judges: SSA Barbara Rączka-Sekścińska, SSA Mariusz Wicki
having examined on June 9, 2021, in Gdańsk, in a closed session, the case brought by the District Consumer Ombudsman in S., acting as a representative of the group, against Bank
The Court of Appeal in Gdańsk, 5th Civil Division, composed of:
Presiding Judge: SSA Elżbieta Milewska-Czaja
Judges: SSA Barbara Rączka-Sekścińska, SSA Mariusz Wicki
having examined on June 9, 2021, in Gdańsk, in a closed session, the case brought by the District Consumer Ombudsman in S., acting as a representative of the group, against Bank (…) Spółka Akcyjna in G. for a determination, or alternatively for a ruling as a result of the defendant’s appeal against the decision of the Regional Court in Gdańsk of September 11, 2020, file ref. no. IC 245/15,
(…) Spółka Akcyjna in G. for a determination, or alternatively for a ruling as a result of the defendant’s appeal against the decision of the Regional Court in Gdańsk of September 11, 2020, file ref. no. IC 245/15,
decides:
pursuant to Article 390 § 1 of the Code of Civil Procedure in conjunction with Article 397 § 3 of the Code of Civil Procedure, to refer the following legal issue raising serious doubts to the Supreme Court for resolution:
“whether, after the entry into force of the Act of July 4, 2019, amending the Act – Code of Civil Procedure and certain other acts (Journal of Laws of 2019, item 1469), a decision on the composition of a group pursuant to Article 17(2) of the Act of December 17, 2009 (i.e. Journal of Laws of 2020, item 446) on the pursuit of claims in group proceedings, an appeal against the court’s decision may be lodged with the court of second instance pursuant to Article 394 § 1 of the Code of Civil Procedure, or with another panel of the court of first instance pursuant to Article 3941a of the Code of Civil Procedure?”