Decision of the Court of Appeals in Warsaw 6th Civil Division of 23rd March 2021
VI ACz 639/20

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

Presiding Judge:      Marzena Miąskiewicz, Court of Appeals Judge

Judges:                      Teresa Mróz, Court of Appeals Judge

                                   Grażyna Kramarska, Court of Appeals Judge

having examined on 23^rd March 2021 at a hearing in camera in Warsaw the case filed by District Consumer Ombudsman in (…) District against (…) Towarzystwo Ubezpieczeń Życie Spółka Akcyjna with its registered office in W. for payment

on determining the composition of the group

as a result of a complaint by both parties against the decision of the District Court in Warsaw of 28^th April 2020, XXV C 461/18

hereby decides to:

1. dismiss the claimant’s complaint in part, namely as to the persons named as group members in paragraph 1 of the challenged decision and as to (…) and (…);
2. rectify the errors in the contested order by correcting the names of the group members: ‘[data of 1 group member] instead of ‘(…)’, [data of 1 group member] instead of ‘(…)’ and dismiss the claimant’s request for rectification of the decision in the remaining scope;
3. amend the appealed decision in part, as follows:
   • deny the status of a group member to [data of 1 person] in the first paragraph;
   • in points one and two, determine that the following persons are members of the group:
     1. [data of 1 group member] – subgroup number 8,
     2. [data of 1 group member] – subgroup number 39,
     3. [data of 1 group member] – subgroup number 57,
     4. [data of 1 group member] – subgroup number 69,
     5. [data of 1 group member] – subgroup number 44,
     6. [data of 1 group member] – subgroup number 50,
     7. [data of 1 group member] – subgroup number 83,
     8. [data of 1 group member] – subgroup number 54,
     9. [data of 2 group members] – newly created subgroup number 88 (PLN 13.249,67);

4. set aside the appealed decision in part, namely:
   • in the first paragraph with regard to [data of 18 persons],
   • in the second paragraph with regard to [data of 3 persons]

and remit the case in this scope to rehearing to the District Court in Warsaw;

5. dismiss the remaining complaints of both parties;
6. leave the decision on the costs of the complaint proceedings to be made by the Court of First Instance in the final decision in the case.