Decision of the Court of Appeals in Warsaw 1st Civil Division of 24th August 2016
I ACz 1187/16

1. From the perspective of homogeneity of claims such circumstances as differences in the provisions of agreements or contract templates binding the group members and the defendant are not an important element of the factual basis, insofar as each of the agreements includes a contested clause in dispute. Any discrepancies in the wording of the clause are irrelevant. That is because the decisive factor is whether the same mechanism is applicable in each transaction.
2. If all group members submitted declarations on joining the proceedings with the demand for adjudication, including also the demand for establishment of liability – they brought forth demands of the same kind.

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

Presiding Judge: Katarzyna Polańska – Farion, Court of Appeals Judge (rapporteur); Edyta Jefimko, Court of Appeals Judge

Judges: Edyta Jefimko (rapporteur), Maciej Dobrzyński, Court of Appeals Judge

Having examined considered on 24^th August 2016 in Warsaw at the hearing in camera the case filed by the District Consumer Ombudsman in Poviat of (…) against (…) the insurance company joint stock company in W. for payment

Following the Defendant’s complaint against the decision of the Regional Court in Warsaw dated 20^th April 2016, file ref. no. XXIV C 554/14,

decides:

to dismiss the complaint.