Case law > Judgment of the District Court in Opole I Civil Division dated September 12, 2022

Judgment of the District Court in Opole I Civil Division dated September 12, 2022
I C 7/21

  1. The failure to carry out the vacation caused the plaintiffs harm within the meaning of Article 445 of the Civil Code and Article 50 of the Law on Tourist Events and Related Travel Services.
  2. The amount of compensation demanded by the plaintiffs was excessive, as it exceeded the costs that the plaintiffs had incurred to purchase the trip.
  3. In determining the amount of compensation, the Court relied on the so-called Frankfurt Table. This document does not have the value of a legal act in the Polish legal order, but it is generally accepted to use the rates established therein in determining the amount of benefits.

District Court in Opole, 1st Civil Division, composed of:

Presiding Judge: SSO Beata Hetmańczyk

having recognized on September 12, 2022 in Opole at a closed session the case from the claim of [data of 18 group members]

against (…) Sp. z o. o. with its registered office in Opole.

for payment

  1. awards from the defendant (….) Sp. z o. o. with its registered office in O. to the plaintiffs: [details of the 18 members of the group] the amounts of PLN 1000.00 (one thousand 00/100) each as compensation for damages with statutory interest for delay from December 29, 2020 to the date of payment; and dismisses the remainder of the action for damages;
  2. awards the defendant (…) Spółka z o.o. with its registered office in O. as compensation to the plaintiffs:

a. [data of 1 member of the group] the amount of PLN 2401.50 (two thousand four hundred and one 50/100),

b. [data of 2 members of the group] – jointly and severally – the amount of PLN 3574.00 (three thousand five hundred and seventy-four 00/100),

c. [data of 1 member of the group] the amount of PLN 1702.00 (one thousand seven hundred and two 00/100),

d. [data of 2 members of the group] – jointly and severally – the amount of PLN 4353.00 (four thousand three hundred and fifty-three 00/100),

e. [data of 2 members of the group] – jointly and severally – the amount of PLN 4353, 00 (four thousand three hundred and fifty-three 00/100) zlotys,

f. [data 1 group member] the amount of 1632.00 (one thousand six hundred and thirty-two 00/100) zlotys,

g. [data 1 group member] the amount of 3264.00 (three thousand two hundred and sixty-four 00/100) zlotys,

h. [data 2 group members] – jointly and severally – the amount of 3574.00 (three thousand five hundred and seventy-four 00/100) zlotys,

i. [data 1 group member] the amount of 3434.00 (three thousand four hundred and thirty-four 00/100) zlotys;

  1. dismisses the claim for damages in the remaining scope;
  2. awards from the defendant to the plaintiffs to the group representative A. C. the amount of PLN 3896.00 for reimbursement of part of the costs of the trial, including PLN 1890.00 for the costs of legal representation;
  3. award from the class representative A. C. in favor of the defendant the amount of 3510.00 PLN for part of the costs of legal representation.