Decision of the Regional Court in Warsaw 25th Civil Division of 24th October 2016
XXV C 1575/15

By the decision of 7^th March 2017, file ref. no. VI ACz 177/17 , the Court of Appeals in Warsaw reversed point 2 of the decision and referred the case for reconsideration in that extent.

1. Before issuing the decision on the admissibility of the group proceedings, the Regional Court should examine whether each of the group members is a consumer within the meaning of Article 22¹ CC.

The Regional Court in Warsaw 25^th Civil Division in the following ruling bench:

Presiding Judge:        Anna Błażejczyk, Regional Court Judge

Judges:                       Dorota Kalata, Regional Court Judge, Monika Włodarczyk, Regional Court Judge

having examined on 10^th October 2016 in Warsaw at the hearing the action filed by the District Consumer Ombudsman in P. against (…) Bank S.A. in W. for the establishment of the defendant’s liability  possibly for shaping a legal relation,

hereby decides to:

1. reject the statement of claims in the scope of claims of A. M, W. S., and D. S.,
2. accept the statement of claims in the remaining scope for hearing in group proceedings.