Case law > Judgment of the Court of Appeals in Warsaw 1st Civil Division of 6th November 2018

Judgment of the Court of Appeals in Warsaw 1st Civil Division of 6th November 2018
I ACa 1690/17

  1. Court ability of the Municipal Consumer Ombudsman cannot be restricted by its territorial area of operation. Municipal Consumer Ombudsman has the court ability also when the person outside the territorial area of its operation area decides to join the group.
  2. Any incorrectness in the announcement on group proceedings are verified at the stage of composition of the group and instance verification of this decision. There is no possibility to change such announcement in the appellate proceedings.

The Court of Appeals in Warsaw 1st Civil Division in the following ruling bench:

Chairman:         Joanna Wiśniewska-Sadomska, Court of Appeals Judge (rapporteur)

Judges:              Beata Byszewska, Court of Appeals Judge

       Agnieszka Wachowicz-Mazur, Delegated Regional Court Judge

having examined on 9th October 2018 in Warsaw at a hearing the case filed by Municipal Consumer Ombudsman in (…) as group representative of the group which consists of 165 persons, against (…) joint-stock company with registered office in Warsaw for payment, in the result of defendant’s appeal from Decision of the Regional Court in Warsaw dated 10th May 2017 case file no. XXIV C 554/14

decides to:

  1. dismisses the appeal;
  2. establishes that the costs of the proceedings shall be borne in full by (…) Towarzystwo Ubezpieczeń spółka akcyjna (Insurance Society Joint Stock Company) with its registered office in W., leaving the detailed calculations to the court referendary at the Regional Court in Warsaw.