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 17th December 2009 on Pursuing Claims in Group Proceedings, it is unnecessary to make findings beyond the facts (factual circumstances) 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 similar 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 act (its ratio legis).
The Regional Court in Warsaw, 1st Civil Division, composed of:
Presiding judge: Andrzej Kuryłek, Regional Court Judge
Judges: Tadeusz Bulanda, Regional Court Judge;
Agnieszka Sidor-Leszczyńska, Regional Court Judge
having recognized on 24th May 2022 in Warsaw, at a session in camera, a case brought by [data of group members] against Bank (…) JSC 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.