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 7th May 2019 in Warsaw at the hearing in camera the group action filed by the Poviat Consumer Ombudsman in Poviat (…) against (…) S.A. with its registered office in W. for payment,
decides to:
“A class action was initiated by the Poviat Consumer Ombudsman in Poviat (…) against (…) Spółka Akcyjna with its registered office in W. ((…) S.A.), conducted to file ref. no. XXV C 461/18 before the Regional Court in Warsaw 25th Civil Division, under the Act of 17 December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2010, No. 7, item 44).
The Poviat Consumer Ombudsman in Poviat (…) as a group representative claimed a return of sums equal to value of financial benefits obtained by (…) S.A. for adjudication from the defendant (…) S.A. without legal basis at the expense of the group members, in the performance of invalid legal acts – invalid declarations made by group members to the defendant on the intention to take advantage of the reservation of insurance coverage for them as well as on the basis of invalid group life and endowment insurance contracts with an insurance capital fund (“main claim”).
Alternatively, in the event the abovementioned claim is dismissed, the group representative claims a return of amounts collected by the defendant without legal basis for adjudication from the defendant (…) S.A., on the grounds of abusive contractual clauses stipulating that in the event of resignation from insurance by a group member, (…) S.A. will only pay the so-called redemption value to their benefit, i.e. a part of the funds accumulated on the group member’s account. Moreover, the group representative claimed a return of amounts collected by the defendant for adjudication from (…) S.A. based on abusive contractual clauses without legal grounds as an administrative fee.
Each person who meets all following requirements:
(…)
may join the group by submitting a written declaration of the intent to join the group. Such a declaration should be made within a two-month term as of the date of publication hereof and submitted to the group representative – the Poviat Consumer Ombudsman in the Poviat (…), to the attorneys’ address: legal counsel A. L. or D. K., (…) s.c., ul. (…),(…)-(…) W.
Joining the group after above indicated time is inadmissible.
The declaration on joining the group should be deemed equivalent to granting consent for the Poviat Consumer Ombudsman in Poviat (…) to act as the group representative and for the legal fees payment rules indicated below.
(…)
The final judgement will be binding for all group members, i.e. persons, who will make a declaration on joining the group before the lapse of the abovementioned period, and will be included in the decision on composition of the group”.