Order of the Court of Appeals in Warsaw VI Civil Division dated March 23, 2021
VI ACz 639/20

Court of Appeals in Warsaw VI Civil Division composed of:

Presiding Judge:           SSA Marzena Miąskiewicz

Judges:                           SSA Teresa Mróz, SSA Grażyna Kramarska

after hearing on March 23, 2021 in Warsaw at a closed session

the case from the action of the District Consumer Ombudsman in the District (…)

against (…) Towarzystwo Ubezpieczeń Życie Spółka Akcyjna with its registered office in W.

for payment

to determine the composition of the group

as a result of complaints of both parties against the decision of the District Court in Warsaw dated April 28, 2020, file ref. no. XXV C 461/18 decides

I. reject the plaintiff’s complaint in part, i.e. as to the persons included in the class in the first paragraph of the order under appeal and as to [data 1 person] and [data 1 person];

II. correct the clerical errors in the appealed order by writing the names of the class members correctly: “[data of 1 class member]”, instead of “[name of 1 person]”, “[data of 1 class member]” instead of “[name of 1 person]”, and dismiss the plaintiff’s motion to correct the order in the remaining respects;

III. amend the appealed order in part, as follows:

1. deny class member status to [name of 1 person] in the first paragraph;
2. In the first and second points, determine that the following persons are part of the group:

(…)

IV. revoke the appealed order in part, viz:

• in the first point with respect to [data 18 persons],
• in the second point with respect to [data 3 persons]

and refer the case in this regard to the District Court in Warsaw for reconsideration;

V. dismiss the complaints of both parties in the remaining part;

VI. leave the decision on the costs of the complaint proceedings to the Court of First Instance in the decision concluding the case.