Judgment of the District Court of Warsaw, 1st Civil Division, dated May 24, 2022
I C 1281/15
- Given the nature and purpose of the proceedings, which are conducted under the provisions of the Act of December 17, 2009 on the enforcement of claims in group proceedings, it is unnecessary to make findings beyond the facts (facts) common to all members of the group. In particular, it is superfluous to establish facts individualizing the factual and legal situation of each group member separately. Since the premise determining the effective commencement of proceedings under the said procedure is the fact that the parties in the substantive legal sense (members of the group) are pursuing claims of a single type, based on the same or the same factual basis, everything that goes beyond the indicated iunctim is not within the limits of the examination of the case set by the purpose of the cited law (its ratio legis).
District Court in Warsaw, 1st Civil Division, composed of:
Presiding judge: SSO Andrzej Kuryłek
Judges: SSO Tadeusz Bulanda, SSO Agnieszka Sidor-Leszczyńska
having recognized on May 24, 2022 in Warsaw, at a closed session, a case brought by [data of class members] against Bank (…) S.A. with its registered office in W. with the participation of the Ombudsman for determination:
- dismisses the claim;
- does not charge the plaintiff with the obligation to reimburse the defendant for the costs of the trial.
