Case law > Decision of the Court of Appeals in Warsaw 1st Civil Division of 27th August 2019

Decision of the Court of Appeals in Warsaw 1st Civil Division of 27th August 2019
I ACz 618/19

  1. Pursuant to Article 15 of Act on Pursuing Claims in Group Proceedings the deadline to raise objections shall be stipulated in the form of a decision (the Act uses the expression “within the term stipulated by the court”). However, imposing an obligation to express the defendant’s stance on successive modifications of the scope of the claim in the form of orders shall not be considered as resulting in being deprived the possibility to protect the party’s rights.
  2. The opinion that a list of group members shall be only one and final and the term to raise objections starts as of its service, is not correct.
  3. Running a business activity in the real estate, which was financed by a credit (loan) does not prejudge the direct relation between a contract of credit and the business activity.
  4. Group proceedings for the establishment of the defendant’s liability is specific and autonomous in nature and cannot be identified (in terms of structure) with the proceedings ending with a preliminary judgement within the meaning of Article 318 of Polish Code of Civil Procedure, as well as proceedings for the determination of law or a legal relationship pursuant to Article 189 of the Polish Code of Civil Procedure.

Court of Appeals in Warsaw 1st Civil Division with the following ruling bench:

Presiding Judge:           Katarzyna Polańska-Farion, Court of Appeals Judge (rapporteur)

Judges:                           Joanna Wiśniewska-Sadomska, Court of Appeals Judge

         Małgorzata Sławińska, Regional Court Judge (delegated)

having examined on 27th August 2019 in Warsaw at the hearing in camera the case filed by the Municipal Consumer Ombudsman in O. against Bank (…) S.A. with its registered office in W. for the establishment of the defendant’s liability,

following parties’ complaints against the decision of the Regional Court in Warsaw of 14th January 2019, file ref. no I C 1281/15,

hereby decides to:

  1. vary the contested decision in such a manner that deleted once data “S. J.”, “K. D.”, repeated in point 1., and sentence “Z. J. (second stage – an extension of request on the establishment of the liability for using unfair contractual terms in the subsequent contract – no. (…))”, remove: B. K., J. W., A. L., J. M. and M. S. from the group refuse to grant group member status to S. L. and M. N., establish that I. G., P. G. and E. G. are group members;
  2. dismiss parties’ complaints in the tremaining parts;
  3. entrust the Regional Court in Warsaw to decide on the costs of the complaint’s proceedings in a final ruling.