Decision of the Court of Appeals in Łódź 1st Civil Division of 15th July 2020

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:

I.

1. discontinue the appeal proceedings;
2. charge the (…) Spółka Akcyjna with its registered office in W. with the amount of PLN 64,800 (sixty-four thousand and eight hundred) to the benefit of Municipal Consumer Ombudsman in W. as legal costs in appeal proceedings and proceedings initiated by the cassation complaint;
3. order to collect from (…) Spółka Akcyjna with its registered office in W. to the benefit of the State Treasury – Court of Appeal in Lodz the amount of PLN 47,585.28 (forty-seven thousand five hundred and eighty-five and 28/100) for expenses temporarily incurred by the State Treasury;
4. order to return to (…) Spółka Akcyjna with its registered office in W. from the Regional Court in Lodz’s cash register the amount of PLN 50,000 (fifty thousand) from the payment made on 6^th September 2013 and booked under item (…) as a refund of half of the appeal fee;

II.

1. dismiss the complaint;
2. not to charge the Municipal Consumer Ombudsman in W. with the costs of the complaint proceedings.