Decision of the Court of Appeals in Warsaw 5th Civil Division of 24th April 2019
V ACz 324/19

1. Conducting of business or professional activity by natural persons does not mean that each legal act undertaken by these persons has a close and direct relation with this activity. The rebuttable presumption of such relation may be accepted solely for actions performed within the scope of the object of the business or professional activity. Therefore, a natural person conducting business activity may perform legal acts as a consumer.

The Court of Appeals in Warsaw 5^th Civil Division, with the following ruling bench:

Presiding Judge:            Marzena Miąskiewicz, Court of Appeals Judge

Judges:                            Przemysław Kurzawa, Court of Appeals Judge (rapporteur)

Joanna Piwowarun-Kołakowska, Regional Court Judge (delegated)

having examined on 24^th April 2019 in Warsaw at the hearing in camera the case filed by the Municipal Consumer Ombudsman in S. against (…) Towarzystwo Ubezpieczeń S.A. in W. for establishment,

following the plaintiff’s complaint against the decision of the Regional Court in Warsaw of 17^th December 2018, file ref. no. II C 222/16,

decides to:

1. vary the contested decision in part in such a way that it refuses to grant the status of a group member to M. H. and M. F.;
2. dismiss the complaint in the remaining part;
3. leave the decision on the costs of the complaint proceedings to the court of 1^st instance in the final ruling.