Judgement of the Court of Appeals in Wrocław 1st Civil Division of 4th November 2019
XII C 74/18

1. The low own contribution insurance, as a security for the repayment of the credit, is not unlawful in itself. But it is contrary to good practices to shape the provisions on ‘UNWW’ (the low own contribution insurance) which: charge consumers the costs of insurance and does not set forth who the beneficiary of the insurance is; does not enable consumers to determine their rights and obligations resulting from the insurance contract; does not specify an amount, method and rules of shaping the due fee, which must be paid by consumers by virtue of the low own contribution insurance; oblige consumers to pay the insurance premium even though they would repay the secured part of the credit over the insurance coverage period; does not specify the maximum period of the insurance.

The Court of Appeals in Wroclaw 1^st Civil Division with the following ruling bench:

Presiding Judge:                Agnieszka Terpiłowska, Court of Appeals Judge

Judges:                                Lidia Mazurkiewicz-Morgut, Court of Appeals Judge (rapporteur)

    Jacek Saramaga, Regional Court Judge (delegated)

having examined on 16^th October 2019 in Wrocław at the hearing the group action filed by [data of 53 persons] against (…) Bank Polska S.A. for payment,

following the plaintiff’s appeal against the judgement of the Regional Court in Wroclaw of 8^th November 2018, file ref. no. XII C 74/18,

decides to

1. vary the contested judgement in such manner that in points:

1 and 2 – award the total amount of PLN 382.50 (three hundred eighty two 50/100) from the defendant to the benefit of K. S. (2) and G. S.,

16 and 17 – award the total amount of PLN 1,575.49 (one thousand five hundred seventy five 49/100) from the defendant to the benefit of J. S. and B. S.,

32 and 33 – award the total amount of PLN 860.00 (eight hundred sixty 00/100) from the defendant to the benefit of M. B. and K. B.,

39 – award the amount of PLN 178.90 (one hundred seventy eight 90/100) from the defendant to the benefit of K. I.,

53 – award the amount of PLN 4,249.79 (four thousand two hundred forty nine 79/100) from the defendant to the benefit of W.K.,

3, 4, 5, 7, 8, 9, 10, 11, 12, 13,14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 54 dismiss the claim of A. P., E. S., M. E., M. W., P. P., M. K., K. S., R. S., T. T., M. M., K. Ś., M. O., B. K., M. K.(2), A. K., M. F.(2), B. F, A. S., M. Ś., Z. Ś., M. S., K. S.(3), M. C., D. C., J. C., M. C., E. C., A. S.(2), M. S.(2), M. I., G. R., B. R.(2), K. F., J. F., D. B., I. B., A. B., M. K., S. A., M. A., M. C.(2), M. F., A. B., M. B., A. K.(2), M. A.,

56 – award the amount of PLN 2,746.00 from the plaintiff to the benefit of the defendant as costs of proceedings,

57 – order plaintiff E.S. to pay the amount of PLN 1,803.00 as a missing court fee to the benefit of State Treasury Regional Court in Wrocław,

58 – order the defendant to pay the amount of PLN 145.00 as a missing court fee to the benefit of State Treasury – Regional Court in Wrocław;

2. dismiss the appeal in the remaining part;
3. award the amount of PLN 5,140.00 from plaintiff E.S. to the benefit of the defendant as costs of the appeal proceedings.