Decision of the Regional Court in Warsaw 25th Civil Division dated 7th March 2017
XXV C 915/14

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

Presiding Judge: Sylwia J. Łuczak, Regional Court Judge

Judges: Anna Błażejczyk Regional Court Judge; Tomasz Gal Regional Court Judge

having examined on 7^th March 2017 in Warsaw at the hearing in group proceedings of the case filed by the Municipal Consumer Ombudsman in City Hall S. (representative of the group) against (…) joint stock company with the registered office in W. for payment or, potentially, for establishment of a legal relation or right,

decides to:

1. Under Article 11(1) of the Act of 17^th December 2009 on Pursuing Claims in Group Proceedings to order a single publication of an announcement on the commencement of group proceedings with the content as follows:

“The group proceedings initiated by the statement of claims filed by the Municipal Consumer Ombudsman in City Hall S. (…) against (…) joint stock company with its registered office in W., file ref. no. XXV C 915/14 are pending before the Regional Court in Warsaw 25^th Civil Division

The Municipal Consumer Ombudsman in City Hall S. as the group representative motions for:

1) ordering the Defendant – (…) joint stock company, to return the amounts collected from the group members without a legal basis as a liquidation fee on the grounds of unlawful clauses included in the life insurance contracts with insurance capital funds, concluded between the members of the group and the Defendant.

2) alternatively, a declaration that the Defendant – (…) joint stock company is liable towards the group members on the grounds of unjust enrichment due to the fact that members of the group performed invalid life insurance contracts with insurance capital funds. (…)

2. The above-indicated announcement shall be published in the Rzeczpospolita national daily in the announcement and tenders section, in black font 32 (4×8) 165 mm x 329.6mm.