Case law > Decision of the Regional Court in Warsaw 2nd Civil Division of 14th December 2020

Decision of the Regional Court in Warsaw 2nd Civil Division of 14th December 2020
II C 222/16

The Regional Court in Warsaw 2nd Civil Division in the following ruling bench:

Presiding judge:            Marcin Polakowski, Regional Court Judge

Judges:                            Magdalena Antosiewicz, Regional Court Judge

  Sylwia Urbańska, Regional Court Judge

having examined on 20th November 2020 in Warsaw at the closed hearing the case filed by District Consumer Ombudsman in S. acting as a group representative against (…) S. A. in W. for the establishment of a legal right

hereby declares that:

I. the provisions contained in point 11 of the “Table of Fees and Limitations to the Agreement on Life Insurance with Insurance Capital Funds with Regular Basic Premium – (…)”, setting out the rules for determining the amount of the liquidation fee charged by (…) S.A. with its registered office in W. from members of the group in the event of termination of the insurance agreement before the lapse of 10 years from the date of its conclusion, constitute prohibited contractual provisions and are not binding upon the following members of the group:

  1. by policy[data of 1 group member] who concluded a contract on 10th May 2011, confirmed by policy No. (…),
  2. [data of 1 group member] who concluded a contract on 14th June 2011, confirmed by policy No. (…),
  3. [data of 1 group member] who concluded a contract on 17th March 2011, confirmed by policy No. (…),
  4. [data of 1 group member] who concluded a contract on 24th August 2011, confirmed by policy No. (…),
  5. [data of 1 group member] who concluded a contract on 31st August 2011, confirmed by policy No. (…),

II. the provisions of the general insurance terms and conditions included in point 11 of the “Table of Fees and Limitations to the Agreement for Life Insurance with Insurance Capital Funds with Regular Basic Premium – (…)”, determining the rules of determining the amount of the liquidation fee, collected by (…) S.A. with its registered office in W. from members of the group in the case of termination of the insurance agreement before the lapse of 10 years from the date of its conclusion, constitute prohibited contractual provisions and are not binding upon the following members of the group:

  1. [data of 1 group member] who concluded a contract on 29December 2011, confirmed by policy No. (…),
  2. [data of 1 group member] who concluded a contract on 14th March 2011, confirmed by policy No. (…),
  3. [data of 1 group member] who concluded a contract on 26th October 2011, confirmed by policy No. (…),
  4. [data of 1 group member] who concluded a contract on 21st November 2011 confirmed by policy No. (…),
  5. [data of 1 group member] who concluded a contract on 19th January 2011, 2011 confirmed by policy No. (…),
  6. [data of 1 group member] who concluded a contract on 27th January 2011, confirmed by policy No. (…),
  7. [data of 1 group member] who concluded a contract on 8th December 2011, confirmed by policy No. (…),
  8. by policyby policyby policy (…),

III. the provisions of the general insurance terms and conditions included in point 12 of the “Table of Fees and Limitations to the Agreement for Life Insurance with Insurance Capital Funds with Regular Basic Premium – (…)”, determining the rules of determining the amount of the liquidation fee, collected by (…) S.A. with its registered office in W. from members of the group in the case of termination of the insurance agreement before the lapse of 10 years from the date of its conclusion, constitute prohibited contractual provisions and are not binding upon the following members of the group:

  1. [data of 1 group member] who concluded a contract on 23rd December 2011, confirmed by policy No. (…),
  2. [data of 1 group member] who concluded a contract on 1st June 2011, confirmed by policy No. (…),
  3. [data of 1 group member] who concluded a contract on 30th November 2011, confirmed by policy No. (…),

IV. the provisions of the general insurance terms and conditions included in point 12 of the “Table of Fees and Limitations to the Agreement for Life Insurance with Insurance Capital Funds with Regular Basic Premium – (…)”, determining the rules of determining the amount of the liquidation fee, collected by (…) S.A. with its registered office in W. from members of the group in the case of termination of the insurance agreement before the lapse of 10 years from the date of its conclusion, constitute prohibited contractual provisions and are not binding upon the following members of the group:

  1. [data of 1 group member] who concluded a contract on 1st February 2012, confirmed by policy No. (…),
  2. [data of 1 group member] who concluded a contract on 17th August 2011, confirmed by policy No. (…),
  3. [data of 1 group member] who concluded a contract on 13th September 2011, confirmed by policy No. (…),
  4. [data of 1 group member] who concluded a contract on 11th July 2011, confirmed by policy No. (…),
  5. [data of 1 group member] who concluded a contract on 28th September 2011, confirmed by policy No. (…) and on 29th December 2011, confirmed by policy No. (…),
  6. [data of 1 group member] who concluded a contract on 4th August 2011, confirmed by policy No. (…),
  7. [data of 1 group member] who concluded a contract on 24th May 2011, confirmed by policy No. (…),
  8. data of 1 group member] who concluded a contract on 20th May 2011, confirmed by policy No. (…),
  9. [data of 1 group member] who concluded a contract on 21st March 2012, confirmed by policy No. (…),
  10. [data of 1 group member] who concluded a contract on 27th February 2012, confirmed by policy No. (…),

V. the provisions of the general insurance terms and conditions included in point 12 of the “Table of Fees and Limitations to the Agreement for Life Insurance with Insurance Capital Funds with Regular Basic Premium – (…)”, determining the rules of determining the amount of the liquidation fee, collected by (…) S.A. with its registered office in W. from members of the group in the case of termination of the insurance agreement before the lapse of 10 years from the date of its conclusion, constitute prohibited contractual provisions and are not binding upon the following members of the group:

  1. [dane 1 group member] who concluded a contract on 1st April 2011, confirmed by policy No. (…),
  2. [dane 1 group member] who concluded a contract on 14th February 2011, confirmed by policy No. (…),
  3. [dane 1 group member] who concluded a contract on 31st March 2011, confirmed by policy No. (…),
  4. [dane 1 group member] who concluded a contract on 22nd July 2011, confirmed by policy No. (…),
  5. [dane 1 group member] who concluded a contract on 14th April 2011, confirmed by policy No. (…),
  6. [dane 1 group member] who concluded a contract on 30th June 2011, confirmed by policy No. (…);

VI. in the remaining part, waives the costs of the proceedings between the parties;

VII. orders the respondent to return court fees to the State Treasury – the cash office of the Regional Court in Warsaw, but leave the detailed calculation of the costs to the court referendary

VIII. accepts the remaining unpaid court costs into the account of the State Treasury./