The decision was reversed by the decision of the Regional Court in Warsaw of 15th September 2016, file ref. no. XXIV C 500/14.
The Regional Court in Warsaw 24th Civil Division in the following ruling bench:
Monika Dominiak, Regional Court Judge
Barbara Budzianowska, Regional Court Judge
Urszula Idzikowska, Regional Court Judge
having examined on 9th June 2016 in Warsaw at the hearing in camera in the case filed by the Municipal Consumer Ombudsman in S. – the group representative against (…) S.A. with its registered office in W. for the establishment of the defendant’s liability,
hereby decides to
THE ANNOUNCEMENT OF THE COMMENCEMENT OF GROUP PROCEEDINGS
‘Under the Act of 17 December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws from 2010, No 7, item 44), group proceedings initiated by the Municipal Consumer Ombudsman in S. acting as a group representative against (…) S.A. with its registered office in W., file ref. no. XXIV C 500/14 commenced before the Regional Court in Warsaw, 24th Civil Division. The group currently consists of 71 members. The value of the object of the dispute is PLN 3,197,972.38.
The Municipal Consumer Ombudsman in S. as a group representative, motioned for:
1) establishment by the Court, that the following general terms of life insurance contracts concluded with the insurance capital fund are unfair contractual terms (…),
2) establishment that if life insurance contracts concluded by (…) S.A. with group members are terminated before the end of the period of insurance for any reason other than death, the (…) S.A. is obligated to pay the group members the amount of (…).
Each person who:
is entitled to join the group by filing a written declaration on joining the group within the non-extendable period of two months as of the date of notification of that announcement and by submitting the declaration to the group representative – the Municipal Consumer Ombudsman in S., to the address of his attorneys –A. L., legal counsel, or D. K., legal counsel (…) s.c., ul. (…), (…)-(…) W.
After the lapse of the abovementioned deadline, joining the group will be inadmissible.