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

1. The wording of Article 15 zzs1 1(4) of the Act on Combating Covid-19 and its purpose do 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 Article 15 zzs1 1 point 4 of the Act on Combating Covid-19 also applied to class action proceedings regulated by the Act on Pursuing Claims in Class Action Proceedings.

The Court of Appeal in Łódź, 1st Civil Division, composed of:

Presiding Judge:            SSA Jacek Pasikowski (rep.)

Judges:                            SSA Wiesława Kuberska, SSA Tomasz Szabelski

having examined on January 29, 2024, in Łódź, in class action 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 (…) Joint Stock Company 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 February 9, 2022, issued in case no. I C 1219/20

overturns the contested judgment, discontinues the proceedings before the Court of First Instance as of September 28, 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 the motions to withdraw from the group or discontinue the proceedings filed by its members.