Judgment of the Court of Appeal in Łódź, 1st Civil Division, of the 29th January 2024
I ACa 694/22

1. The sole wording of the Article 15 zzs1 1(4) of the Act on Combating COVID-19 and its purpose – des not indicate that its scope of application should be limited to proceedings whose comprehensive regulation is found only in the Code of Civil Procedure. This would mean excluding those proceedings which merely refer to the relevant or direct application of the provisions of the Code of Civil Procedure.
2. In conclusion, it should be assumed that the Article 15 zzs1 1 point 4 of the Act on Combating COVID-19 also applied to group proceedings regulated by the Act on Pursuing Claims in Group Proceedings.

The Court of Appeal in Łódź, 1st Civil Division, in the following composition:

Presiding Judge:          SSA Jacek Pasikowski (rep.)

Judges:                           SSA Wiesława Kuberska,

SSA Tomasz Szabelski

having examined on the 29^th January 2024 in Łódź, in group proceedings at a hearing of the case brought by M. (1) in W. – acting on behalf of the following members of the group: [1,729 group members] against (…) Spółka Akcyjna with its registered office in W. for a determination, with the participation of the Prosecutor of the Prosecutor’s Office (…) in Ł.

as a result of the plaintiff’s appeal against the judgment of the Regional Court in Łódź of the 9^th February  2022, issued in case no. I C 1219/20

overturns the appealed judgment, discontinues the proceedings before the Court of the first instance as of the 28^th September 2021 and refers the case back to the Regional Court in Łódź for reconsideration, leaving it to that court to decide on the costs of the appeal proceedings and recognize the motions of (some) group members to withdraw from the group or to discontinue the proceedings with regards to these group members.