Case law > Judgement of the Regional Court in Warsaw, 3rd Civil Division of 2nd March 2016

Judgement of the Regional Court in Warsaw, 3rd Civil Division of 2nd March 2016
III C 976/12

  1. Article 13 (1) of the Act on Pursuing Claims in Group Proceedings does not in any way pertain to the manner of calculating interest rates; it only institutes the lis pendens effect between a group member and the defendant.
  2. Insofar as he introduction into the contract template of a clause providing for a valorization of the price of residential premises is to be deemed inadmissible in itself, nevertheless, it is the lack of a clause providing for a consumer’s right to withdraw from the contract in such a case that makes the abusive clause as a whole. Even a small several percent raise in prices or the building contribution may make it impossible for the consumer to acquire the residential premises being the object of the Financing Agreement.
  3. The sole fact of payment of the valorization amount does not constitute impoverishment in a situation where it is further counted as a due performance, namely the future building contribution. Hence, it is legitimate to recognize the payments on those grounds to have been an advanced delivery of a due performance, which under Article 411 [4] CCP – excludes the possibility of demanding the payment return.

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

Presiding Judge:         Mariusz Solka, Regional Court Judge (rapporteur)

Judges:                         Agnieszka Rafałko, Regional Court Judge, Ewa Jończyk, Regional Court Judge

Having examined on 25th February 2016 in Warsaw the case filed by the Municipal Consumer Ombudsman (…) – the representative of the group and its members:

  1. Subgroup no. 1 – [2 members];
  2. Subgroup no. 2 – [6 members];
  3. Subgroup no. 3 – [3 members];
  4. Subgroup no. 4 – [6 members];
  5. Subgroup no. 5 – [6 members];
  6. Subgroup no. 6 – [2 members];
  7. Subgroup no. 7 – [4 members];
  8. Subgroup no. 8 – [3 members];
  9. Subgroup no. 9 – [2 members];
  10. Subgroup no. 10 – [4 members];

against the Defendant – the Housing Association in (…) for payment

decides

1. to award from the Defendant as penal interest:

  1. (…) the amount of PLN 7,682,99 PLN (seven thousand six hundred eighty two zloty ninety nine grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  2. (…) the amount of PLN 1,958.39 PLN (one thousand nine hundred fifty eight zloty thirty nine grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  3. (…) the amount of PLN 151.92 (one hundred and fifty one zloty ninety two grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of paymentalong with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  4. (…) the amount of PLN 5,254.16 PLN (five thousand two hundred fifty four zloty sixteen grosz) along with the statutory interest on delay counted as of 8th August 2012 until the day of payment,
  5. (…) the amount of PLN 2,056.65 (two thousand fifty six zlotysixty five grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  6. (…) the amount of PLN 1,408.07 (one thousand four hundred eight zloty seven grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of paymentalong with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  7. (…) the amount of PLN 6,471.80 (six thousand four hundred seventy one zloty eighty grosz) along with the statutory interest on delay counted as of 8th August 2012 until the day of payment,
  8. (…) the amount of PLN 1,381.05 (one thousand three hundred eighty one zloty five groszgrosz) along with the statutory interest on delay counted as of 8th August 2012 until the day of payment,
  9. (…) the amount of PLN 708.76 (seven hundred eight zloty seventy six grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  10. (…) the amount of PLN 85.42 (eighty five zloty fourty two grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  11. (…) the amount of 85,41 PLN (eighty five zloty fourty one grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  12. (…) the amount of PLN 4,950.01 (four thousand nine hundred fifty zloty one grosz) along with the statutory interest on delay counted as of 8th August 2012 until the day of payment,
  13. (…) the amount of 1.951,13 PLN (one thousand nine hundred fifty one zloty thirteen grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  14. (…) the amount of PLN 216.39 (two hundred sixteen zloty thirty nine grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  15. (…) the amount of 2.653,26 PLN (two thousand six hundred fifty three zloty twenty six grosz) along with the statutory interest on delay counted as of 8th August 2012 until the day of payment,
  16. (…) the amount of PLN 3,855.62 (three thousand eight hundred fifty five zloty sixty two grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  17. (…) the amount of PLN 24.57 (twenty four zloty fifty seven grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  18. (…) the amount of PLN 12.28 (twelve zloty twenty eight grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  19. (…) the amount of PLN 12.28 (twelve zloty twenty eight grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,

2. to dismiss the action in the remaining scope;

3. to establish that the parties to the dispute bear the costs of the proceeding in the following proportion:

  1. the Claimant is to pay 90 (ninety) %;
  2. the Defendant is to pay 10 (ten) %;

and leave the detailed arrangements to the court referendary `s discretion.