Decision of the Regional Court in Wrocław, 1st Civil Division, dated 31st March 2023
I C 976/17
- The defendant’s objections to group membership should focus on demonstrating that a specific person cannot obtain group member status. The allegations should indicate that the claim of a specific person does not exhibit the characteristics of a specific group, or that the claim of a specific person(s) does not exhibit a factual connection with the claims of other persons, or that the claim of a specific person is not of the same type as the group claim. Importantly, however, the defendant’s assertions, in accordance with generally applicable procedural rules, must be duly demonstrated by the submission of relevant evidence.
- Necessary joint participation occurs in a situation where the claim for determining the invalidity of the contract is the subject of the lawsuit, and then the participation of all borrowers is required. Since the claim to determine the invalidity of a legal act is an indivisible claim in this regard, all borrowers should appear in the case. In the present case, the claim concerns the determination of the defendant’s liability for the use of prohibited provisions in the contract. The fact of establishing that such provisions are in the contract will not affect the situation of the other borrowers. This circumstance will not deprive them of the opportunity to bring their own action. The same applies to those who have been denied participation in the group by the court and remain co-borrowers as to those who are members in the group.
The Regional Court in Wrocław, 1st Civil Division, composed of:
Presiding judge: Rafał Cieszyński, Regional Court Judge
having recognized at a session in camera on 31st March 2023 in Wrocław the case brought by the Municipal Consumer Ombudsman in (…) W. (representative of the group) against (…) Bank (…) JSC with its seat in W. for determination,
decides:
determine that the group in the case under consideration consists of:
[data of 581 persons].
