Decision of the Court of Appeals in Warsaw 6th Civil Division of 18th December 2018
VI ACz 1007/18

1. The decision on the announcement on commencement of the group proceedings is not mentioned in Article 394 (1) CCP. Undoubtedly, it is also not a decision terminating the proceedings in the case, nor is it a decision which a complaint can be lodged against on the basis of the regulations contained in the Act on Pursuing Claims in Group Proceedings. For this reason, it should be found that no complaint may be lodged against such a decision.

The Court of Appeals in Warsaw 6^th Civil Division with the following ruling bench:

Presiding Judge:             Agata Zając, Court of Appeals Judge

Judges:                             Małgorzata Borkowska, Court of Appeals Judge;

            Grzegorz Tyliński, Regional Court Judge (delegated; rapporteur)

having examined on 18^th December 2018 in Warsaw at the hearing in camera the case filed by the District Consumer Ombudsman in the Poviat of (…) – the group representative against (…) Towarzystwo Ubezpieczeń (…) S.A. with its registered office in W. for payment,

following the defendant’s complaint against the decision of the Regional Court in Warsaw of 11^th May 2018, file ref. no. XXV C 461/18,

decides:

to dismiss the complaint.