Judgment of the District Court of Lodz, 1st Civil Division, dated February 9, 2022
I C 1219/20

1. A case in a group proceeding shall be heard by a court of three professional judges in accordance with Article 3(2) of the Law on Class Action. Article 15 zzs1 1 item does not apply to cases heard in group proceedings. 4 of the Law of March 2, 2020 on Special Arrangements Relating to the Prevention, Prevention and Control of COVID-19, Other Infectious Diseases and Emergencies Caused by Them, during the period of the epidemic emergency or the state of epidemics declared due to COVID-19 and within one year after the last one is revoked, according to which the court shall adjudicate with a single judge only in cases adjudicated according to the provisions of the Code of Civil Procedure. Class proceedings are conducted in accordance with the provisions of the Law on the Investigation of Claims in Group Proceedings, and the fact that, in accordance with Article 24(1) of that law, the provisions of the Code of Civil Procedure apply to the extent not regulated therein, is irrelevant. This is because the composition of the court hearing the case in group proceedings is directly regulated in the Law on Pursuing Claims in Group Proceedings, hence the reference to the provisions of the Code of Civil Procedure with regard to the composition of the court is not.

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

Presiding Judge:           SSO Paweł Barański

Judges:                           SSO Marzena Kluba, SSO Anna Jóźwiak

having heard on January 12, 2022 in Łódź a case brought by the Municipal Consumer Ombudsman in W., acting on behalf of class members: [data 1,714 class members] against (…) Spółka Akcyjna with its registered office in W. for determination

1. dismisses the claim for establishing that the mortgage loan agreements valorized with the exchange rate of the Swiss franc (…), concluded by (…) Spółka Akcyjna with its registered office in W. (formerly (…) Bank Spółka Akcyjna with its registered office in W.), with the group members named in the operative part of the judgment, are invalid in the part regulating the valorization of the loan repayment with the exchange rate of the Swiss franc (…), i.e. that the provisions of the agreements listed in item. IV of the lawsuit;
2. dismisses the claim for determining that the mortgage loan agreements described in paragraph 1 of the judgment are invalid in their entirety;
3. does not charge the plaintiff with the obligation to reimburse the defendant for the costs of the trial.