Decision of the Court of Appeals in Łódź 1st Civil Division of 9th June 2020
I ACa 80/19

The Court of Appeals in Łódź 1^st Civil Division with the following ruling bench:

Presiding Judge:           Małgorzata Dzięciołowska, Court of Appeals Judge (rapporteur)

Judges:                            Jacek Pasikowski, Court of Appeals Judge

Jarosław Pawlak, Regional Court Judge (delegated)

having examined on 9^th June 2020 in Łódź at the hearing in camera the group action filed by (…) in W. against (…) Spółka Akcyjna with its registered office in W., for the establishment of the defendant’s liability,

on the plaintiff’s motion of 29^th May 2020 for security, filed after the issuance of a judgement of the Court of Appeals in Łódź of 9^th March 2020, in the case with file ref. no I ACa 80/19, regarding the plaintiff’s complaint against the judgement of the Regional Court in Łódź of 19^th October 2018, file ref. no I C 519/16,

decides to

I. grant a security of claims for:

A) establishment that the agreements of mortgage credit valorized by the currency rate of the Swiss Franc (CHF) concluded by (…) Spółka Akcyjna in W. (formerly (…) Spółka Akcyjna with its registered office in W.) with the consumers (group members) are invalid in part regarding the valorization of the repayment by the currency rate of the Swiss Franc,

B) determination that the agreements of mortgage credits mentioned in point 1) are invalid in whole;

II. regulate, for the duration of the proceedings, the all group members’ rights and obligations under the agreement of mortgage credits covered by the proceedings by:

1. suspension of the obligation of consideration of the monthly principal and interest instalments, performed by the group members in the full amount for the benefit of the defendant, in the performance of these agreements, provided that the following conditions are jointly met:

a) sum of all the pecuniary considerations provided for the benefit of the defendant in performance of the credit agreement will be higher than the credit amount in PLN actually facilitated by the defendant in performance of the credit agreement,

b) the borrowers who are parties to the agreement will make a written declaration, addressed to the defendant, which will contain:

• • the number of the agreement of mortgage credit valorized by the currency rate of the Swiss Franc, which the suspension of the obligation of consideration applies to,
  • an indication that the sum of all pecuniary considerations provided for the benefit of the defendant in performance of credit agreement, which the declaration relates to, is higher than the credit amount in PLN actually facilitated by the defendant in the performance of the same credit agreement,
  • the date (day) from which the borrowers are going to take advantage of the suspension (regulated by the security) of the obligation of consideration of monthly principal and interest instalments, whereby at least a seven-day period between the date indicated in the letter and the date of service of the declaration to the defendant must be observed,

1. 2. prohibiting the defendant from submitting declarations requesting payment and a declaration on the termination of the mortgage credit agreement identified by its number in the borrowers’ declaration, the grounds of which will be failure to perform the pecuniary consideration in the scope related to the execution of the security,
   3. dismiss the motion in the remaining part,

III. pursuant to Article 743 para 2 of Code of Civil Procedure add a writ of execution to point 1 hereof.