Decision of the Court of Appeals in Warsaw 6th Civil Division dated 7th October 2016
VI ACz 1524/16
- The terms without a legal definition in Act on Pursuing Claims in Group Proceedings such as homogeneity of the claims, the common factual basis of claims, the standardisation (equalisation) of claims should be construed in accordance with the goals of the class action proceedings. Undoubtedly, the cumulation of many persons in single proceedings constitutes the essence of group proceedings. Such a cumulation is justified due to the procedural economy and purposelessness of conducting many similar proceedings.
- The difference in standard contract terms and templates binding the members of the group with the defendant, the mode of conclusion of a contract with either the insurer or a dealer, performing the information obligation in another way are not prerequisites which would substantiate deeming the claims impossible to be recognised as being based on the common factual basis. Moreover, differences in the amount of premiums and the frequency of payments do not amend such assessment. The claims of members of the group are based on a common factual basis. i.e. a clause in the agreement which gave the defendant the basis to collect redemption fees which in the opinion of the group members were glaringly extortionate.
The Court of Appeals in Warsaw, 6th Civil Division in the following ruling bench:
Presiding Judge: Jacek Sadomski, Court of Appeals Judge
Judges: Jolanta Pyźlak (rapporteur), Court of Appeals Judge; Marcin Strobel, Court of Appeals Judge
having examined on 7th October 2016 in Warsaw at the hearing in camera in the group proceedings the case filed by the Municipal Consumer Ombudsman in the City Hall of the City of S. as the group representative (…) against Insurance Company in W. for the payment or, potentially, the establishment of the existence or non- existence of legal responsibility
as the result of Defendant’s complaint against the decision of the Regional Court in Warsaw dated 26th April 2016, file ref. no. XXV C 915/14, during an in camera hearing,
dismiss the complaint.