Case law > Decision of the Court of Appeal in Warsaw, 1st Civil Division, dated 22nd February 2017

Decision of the Court of Appeal in Warsaw, 1st Civil Division, dated 22nd February 2017
I ACz 80/17

  1. The change made by the group representative in the disputed pleading was a consequence of the filing of a new declaration to join the group. As stressed by commentators, statements of this kind made after the decision on the hearing of the case in the group proceedings became final should be treated as statements made after the announcement of the commencement of the group proceedings.
  2. It should be noted that from the point of view of the resolution referred to in Article 10 Section 1 of the Act on Pursuing Claims in Group Proceedings, it is primarily important whether there can be group proceedings in a given case. The idea is to eliminate the need for a number of individual trials. Issues concerning the determination of the composition of the group and the subsequent validity of the claims are not prerequisites for the admissibility of group proceedings.

The Court of Appeal in Warsaw, 1st Civil Division, composed of:

Presiding Judge: Przemysław Kurzawa, Judge of the Court of Appeal

Judges: Katarzyna Polańska-Farion, Judge of the Court of Appeal (Judge – Rapporteur); Agnieszka Wachowicz-Mazur, Regional Court Judge (delegated)

having examined on 22nd February 2017 in Warsaw at a session in camera the case brought by the Municipal Consumer Ombudsman in Sz. acting as a representative of the group against (…) Insurance Company JSC with its registered office in W. for the determination

as a result of the respondent’s complaint against the decision of the Regional Court in Warsaw dated 9th November 2016, File No. II C 222/16,

decides to:

  1. dismiss the complaint,
  2. leave the decision on the costs of the appellate instance to the Regional Court in Warsaw in the decision concluding the proceedings.