Case law > Judgment of the Regional Court in Łódź, 1st Civil Division, dated 9th February 2022

Judgment of the Regional Court in Łódź, 1st Civil Division, dated 9th February 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 Section 2 of the Act on Pursuing Claims in Group Proceedings. In cases heard in group proceedings there is inapplicable Article 15 zzs1 Section 1 Point 4 of the Act of 2nd March 2020 on Special Arrangements Relating to the Prevention, Counteracting and Combating 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. Group proceedings are conducted in accordance with the provisions of the Act on Pursuing Claims in Group Proceedings, and the fact that, in accordance with Article 24 Section 1 of that Act, 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 Act 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 applicable.

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

Presiding Judge:           Paweł Barański, Regional Court Judge

Judges:                            Marzena Kluba, Regional Court Judge;

Anna Jóźwiak, Regional Court Judge

having examined on 12th January 2022 in Łódź at a hearing a case brought by the Municipal Consumer Ombudsman in W., acting on behalf of group members: [data of 1,714 group members] against (…) Joint-Stock Company with its registered office in W. for determination

  1. dismisses the claim for the determination that the mortgage loan agreements valorized with the exchange rate of the Swiss franc (…), concluded by (…) Joint-Stock Company with its registered office in W. (formerly (…) Bank Joint-Stock Company 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 point IV of the lawsuit;
  2. dismisses the claim for the determination 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.