The Regional Court in Warsaw 25th Civil Division with the following ruling bench:
Presiding Judge: Anna Pogorzelska, Regional Court Judge
Judges: Krystyna Stawecka, Regional Court Judge,
Anna Ogińska-Łągiewka, District Court Judge (delegated)
having examined on 11th May 2018 in Warsaw the case filed in group proceedings by the group representative District Consumer Ombudsman in Poviat (…) against (…) S.A. with its registered office in W. for payment,
decides to:
Poviat under the Act of 17 December 2009 on Pursuing Claims in Group Proceedings, group proceedings against (…) joint stock company in W. were initiated before the Regional Court in Warsaw 25th Civil Division to case file no. XXV C 461/18 by the District Consumer Ombudsman in the Poviat of (…).
The District Consumer Ombudsman in the Poviat of (…) acting as the group representative motioned for awarding from the defendant (…) joint stock company the return of amounts equalling the benefit obtained by defendant (…) joint stock company without a legal basis through the performance of invalid acts in law – invalid declarations of intent made by the group members to the defendant. The group members declared their willingness to make use of the provision stipulating insurance protection care and invalid life insurance and endowment contracts with insurance capital funds (‘main claim’) to their benefit. At the same time, should the statements of claim be dismissed on the above indicated grounds, the group representative initiated a legal action for ordering defendant (…) joint stock company to reimburse the group members for the amounts collected by defendant (…) joint stock company from them without legal grounds under abusive clauses. Such abusive clauses indicated that in the event of resignation from the insurance (…) joint stock company would pay only the redemption value, i.e. the part of the amount on the account. The group representative also initiated a legal action for the return the payments made by the group members without legal grounds as the administrative fee under abusive clauses by (…) Życie S.A.
Each party whose claim may be included within these group proceedings may join the case by submitting a written declaration of the intent to join the group. Such a declaration should be made within the 2 months deadline as of the date of publication of this announcement and submitted to the group representative – Consumer Ombudsman in the Poviat of (…).
Joining the group after above indicated time is inadmissible.
The declaration on joining the group should be deemed equivalent to granting the consent for the Consumer Ombudsman in Poviat (…) to act as a group representative and to the legal fees payment rules indicated below.
(…) [legal fees calculation details]