Judgment of the Regional Court in Łódź, 1st Civil Division of the 6th November 2024
I C 711/24Pr

1. The court concluded that the only acceptable resolution of the claims of the remaining members of the group was to discontinue the proceedings in respect of those claims pursuant to Article 355 of the Code of Civil Procedure in conjunction with Article 24(1) of the Act on Pursuing Claims in Group Proceedings , as it had become unnecessary to issue a judgment in this regard (in case of persons who had entered into settlements with the defendant) and inadmissible (in case of persons who had obtained final judgments in separate cases). In the court’s opinion, however, it was inadmissible to issue a ruling on the removal of persons from lists 2 and 3 of the group, s as the Article 17(3) of the Act on Pursuing Claims in Group Proceedings is unambiguous and does not provide a possibility of changing the composition of the group after it has been finally established.

The Regional Court in Łódź, 1st Civil Division, in the following composition:

Presiding Judge:            SSO Paweł Barański

Judges:                            SSO Katarzyna Wesołowska-Zbudniewek,

SSO Anna Jóźwiak

having recognized on the 15^th October 2024, in Łódź at the hearing the case brought by the Municipal Consumer Ombudsman in W., acting on behalf of the members of the group specified in the three lists attached to the judgment against (…) Spółka Akcyjna with its registered office in W., for a declaration

1. rules to discontinue the proceedings with regard to the claims of the members of the group listed in list No. 2 and list No. 3;
2. declares that the mortgage loan agreements indexed to the Swiss franc exchange rate ((…)), concluded by (…) Spółka Akcyjna with its registered office in W. (formerly (…)Spółka Akcyjna with its registered office in W.) with the members of the group listed in list No. 1 are invalid in their entirety;
3. orders (…) Spółka Akcyjna with its registered office in W. to pay the Municipal Consumer Ombudsman in W. the amount of PLN 101,900 (one hundred and one thousand nine hundred zlotys) as reimbursement of the costs of the proceedings, together with statutory interest for a delay from the date on which the judgment becomes final until the date of payment.