Judgment of the Regional Court in Łódź, 1st Civil Division, dated November 6, 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 the Pursuit of Claims in Class Actions, as it had become unnecessary to issue a judgment in this regard (in the case of persons who had entered into settlements with the defendant) and the court had no authority to rule on the merits of the claims of the remaining members of the group. 1 of the Act on Pursuing Claims in Group Proceedings, as it had become unnecessary (in the case of persons who had reached settlements with the defendant) and inadmissible (in the case of persons who had obtained final judgments in separate cases) to issue a judgment in this regard. In the court’s opinion, however, it was inadmissible to issue a ruling on the removal of persons from lists 2 and 3 from the group of members, because the provision of Article 17(3) of the Act on the Pursuit of Claims in Group Proceedings is formulated unambiguously and does not provide for a change in the composition of the group after it has been legally established.

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

Presiding Judge:           SSO Paweł Barański

Judges:                           SSO Katarzyna Wesołowska-Zbudniewek, SSO Anna Jóźwiak

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

1. the proceedings are discontinued with regard to the claims of the members of the group listed in list No. 2 and list No. 3;
2. determines that the mortgage loan agreements indexed to the Swiss franc exchange rate ((…)), concluded by (…) Joint Stock Company with its registered office in W. (formerly (…) Bank Joint Stock Company 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 delay from the date on which the judgment becomes final until the date of payment.