Decision of the Regional Court in Warsaw 2nd Civil Division of 24th March 2016
II C 222/16

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

Presiding Judge:            Tomasz Wojciechowski, Regional Court Judge

Judges:                            Magdalena Antosiewicz, Regional Court Judge

Katarzyna Waseńczuk, Regional Court Judge

having examined on 24^th March 2016 in Warsaw at the hearing in camera the case filed by the Consumer Ombudsman in the City Hall of S., acting as a group representative of the group consisting of [data of 31 group members] against (…) S.A. in W. for declaration,

decided to:

order a one-time publication in the “(…)” daily of the announcement on the commencement of group proceedings with the following content:

The Regional Court in Warsaw 2^nd Civil Division hereby announces that the group proceedings with case file no. II C 222/16 are currently pending before that court under the Act of 17 December 2009 on Pursuing Claims in Group Proceedings started by the Consumer Ombudsman in City Hall S. against (…) S.A. for the declaration that:

• the general terms and conditions of the insurance contract included in the tables of fees and limits stipulated the amount of the liquidation fee to be charged from the group members to the benefit of (…) S.A. in W. in the case of the dissolution of the life insurance contract with insurance capital funds before the lapse of 10 years as of the moment of the conclusion of the agreement for reasons other than death ((…), (…) (…), (…), (…)) should be deemed an abusive clause and do not bind the members of the group;
• in the case of the dissolution of the life insurance contract with insurance capital funds before the lapse of 10 years as of the moment of the conclusion of the contract for reasons other than death (…) S.A. in W. is obligated to pay each member of the group an amount equal to the amount of the insurance policy decreased by the bay-out fee in the amount stipulated in the table of fees and limits;
• alternatively, to declare that the premises to declare the life insurance contracts with insurance capital funds concluded between the group members and (…) S.A. in W. are invalid.

The Regional Court informs about the possibility of joining the group proceedings by the persons whose claim might be pursued in such group proceedings, submitting a declaration of intent to join the group within 3 months as of the date on which this announcement was published to the Consumer Ombudsman in the City Hall of S.

[details on calculation of legal fees]

Simultaneously, the Regional Court informs that the judgment issued in the case at hand will be binding towards the group members.