Case law > Decision of the Regional Court in Wroclaw 1st Civil Division of 9th September 2019 I C 976/17

Decision of the Regional Court in Wroclaw 1st Civil Division of 9th September 2019 I C 976/17
I C 976/17

The decision is not valid and final.

  1. The requirement of homogeneity of claims stipulated in Article 1 Section 1 of Act on Pursuing Claims in Group Proceedings means that all persons covered by the class action shall apply for legal protection in the same form.
  2. The pecuniary claims shall undoubtedly be considered as homogeneous claims. The non-pecuniary claims shall be homogeneous solely when they relate to the defendant’s requested course of action, which means that all group members request a specified defendant’s act or omission (of the same kind).
  3. The premise of numerosity shall be fulfilled at the moment of filing the lawsuit as well as at the moment of the Court’s on the admissibility of the group proceedings.
  4. The third subjective premise, stipulated in Article 1 Section 1 of Act on Pursuing Claims in Group Proceedings, which shall be fulfilled to initiate group proceedings, is commonality of the factual basis. The commonality arises when a bond between group members based on the unity of the event leading to the damage exists.
  5. Therefore, the identical factual basis exists when there is one multilateral legal relationship, and a similar factual basis – many legal relationships.
  6. The very purpose of allocating the money from a loan for the purchase of a residential premises, its renovation or furnishing eliminates the debtor’s status as an entrepreneur.
  7. Even if the debtor, who concluded the contract for residential purposes, simultaneously runs a business activity, their consumer status does not change in the present proceedings, because the conclusion of the loan (credit) contract is not directly related to that activity.

 

The Regional Court in Wroclaw 1st Civil Division with the following ruling bench:

Presiding judge:          Rafał Cieszyński, Regional Court Judge

Judges:                          Aneta Fiałkowska-Sobczyk, Regional Court Judge

        Sławomir Urbaniak, Regional Court Judge

having examined on 9th September 2019 in Wroclaw at the hearing in camera the action filed by the Municipal Consumer Ombudsman in (…) W. (a group representative) against (…) Bank (…) S.A. with its registered office in W. for the establishment of the defendant’s liability,

hereby decides to:

examine the case in group proceedings.

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