Decision of the Court of Appeal in Warsaw, 6th Civil Division, dated 23rd March 2021
VI ACz 639/20

The Court of Appeal in Warsaw, 6^th Civil Division, composed of:

Presiding Judge:  Marzena Miąskiewicz, Judge of the Court of Appeal

Judges:                  Teresa Mróz, Judge of the Court of Appeal;

Grażyna Kramarska, Judge of the Court of Appeal

having examined on 23^rd March 2021 in Warsaw, at a session in camera

the case brought by the Poviat Consumer Ombudsman in the Poviat (…)

against (…) Life Insurance Company Joint-Stock Company with its registered office in W.

for payment

regarding determination of the composition of the group

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

1. reject the plaintiff’s complaint in part, i.e. as to the persons included in the group in the first paragraph of the decision under appeal and as to [data of 1 person] and [data of 1 person];
2. correct the clerical errors in the appealed decision by writing the names of the group members correctly: “[data of 1 group member]”, instead of “[name of 1 person]”, “[data of 1 group member]” instead of “[name of 1 person]”, and dismiss the plaintiff’s motion to correct the decision in the remaining scope;

1. amend the appealed decision in part, as follows:

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

(…)

IV. set aside the appealed decision in part, i.e.:

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

and refer the case in this regard to the Regional 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.