Decision of the Court of Appeal in Gdańsk, 5th Civil Division, dated 9th June 2021
V ACz 102/21

The Court of Appeal in Gdańsk, 5^th Civil Division, composed of:

Presiding Judge:                     Elżbieta Milewska-Czaja, Judge of the Court of Appeal

Judges:                                      Barbara Rączka-Sekścińska, Judge of the Court of Appeal;

Mariusz Wicki, Judge of the Court of Appeal

having examined on 9^th June 2021, in Gdańsk, at a session in camera, the case brought by the Poviat Consumer Ombudsman in S., acting as a representative of the group, against Bank (…) Joint-Stock Company in G. for a determination, or alternatively for a shaping as a result of the defendant’s complaint against the decision of the Regional Court in Gdańsk of 11^th September 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 4^th July 2019 amending the Act – Code of Civil Procedure and Certain Other Acts (Journal of Laws of 2019, item 1469), against a decision on the composition of a group pursuant to Article 17 Section 2 of the Act of 17^th December 2009 (i.e. Journal of Laws of 2020, item 446) on Pursuing Claims in Group Proceedings, a complaint 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 394^1a of the Code of Civil Procedure?”.