Case law > Decision of the Regional Court in Warsaw 3rd Civil Division of 10th October 2017

Decision of the Regional Court in Warsaw 3rd Civil Division of 10th October 2017
III C 1089/15

The decision was changed in point 2. by the decision of the Regional Court in Warsaw 3rd Civil Division of 5th December 2017, III C 1089/15.

The Regional Court in Warsaw 3rd Civil Division in the following ruling bench:

Ewa Jończyk, Regional Court Judge

Agnieszka Matlak, Regional Court Judge

Mariusz Solka, Regional Court Judge

having examined on 10th October 2017 in Warsaw at the hearing in camera the case filed by the Municipal Consumer Ombudsman in O. against Bank (…) S.A. with its registered office in W. for payment,

/on the subject of the announcement on commencement of group proceedings/

decides to:

  1. publish an announcement in the (…) section of the ‘(…)’ daily newspaper on the commencement of the group proceedings with the following content:

’Under the Act of 17 December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2010, No. 7, item 44), a class action was initiated by the Municipal Consumer Ombudsman in O. (file ref. no. III C 1089/15) before the Regional Court in Warsaw 3rd Civil Division against Bank (…) S.A. with its registered office in W. (Bank) for the return of amounts collected by the Bank from the Bank’s clients as a  low own contribution insurance policy (hereinafter referred to as: „UNWW”) for mortgage loan/ consolidation loan ((…)).

(…)

Interested parties may join the class action within the term of 3 months, which cannot be exceeded, from the date of notification of that announcement. The term cannot be reinstated or extended.

(…)

In order to join the group, a written declaration on joining the group should be filed. The declaration shall be submitted to the group representative – the Municipal Consumer Ombudsman in O., through the one of the following counsels who represent him: Z. D., attorney-at-law M. S., legal counsel , J. M., attorney-at-law, and K. W., attorney-at-law (common address for service: Kancelaria (…), T. i Wspólnicy Sp. k., ul. (…), (…)-(…) W., e-mail: (…)).

(…)”.

  1. obligate the claimant, through the counsel, to publish an announcement in the (…) section of the ‘(…)’ daily newspaper and to submit evidence that the order is complied with, within 3 (three) weeks, on the pain of publishing the announcement by the Court at the claimant’s cost.