Order of the Court of Appeals, First Civil Division, dated February 22, 2017
I ACz 80/17
- The change made by the class representative in the disputed pleading was a consequence of the filing of a new declaration to join the class. As stressed by commentators, statements of this kind made after the order on the adjudication 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.
- It should be noted that from the point of view of the settlement referred to in Article 10(1) of the u.d.p.g., 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.
Court of Appeals in Warsaw, 1st Civil Division, in the following composition:
Presiding Judge: SSA Przemysław Kurzawa
Judges: SSA Katarzyna Polańska-Farion (spr.), SSO (del.) Agnieszka Wachowicz-Mazur
having examined on February 22, 2017 in Warsaw at a closed session the case from the action of the Municipal Consumer Ombudsman in Sz. acting as a representative of the class against (…) Towarzystwo Ubezpieczeń S.A. with its registered office in W. for the determination of
as a result of the respondent’s complaint against the order of the District Court in Warsaw dated November 9, 2016, File No. II C 222/16,
decides:
- dismiss the complaint,
- leave the decision on the costs of the appellate instance to the Regional Court in Warsaw in the decision concluding the proceedings.
