Order of the District Court of Warsaw, III Civil Division, dated June 16, 2016
III C 171/16
- The view that the ranking of the claims of class members into subgroups is opposed by the nature of these claims: the fact that they are due to co-owners and are related to their shares in co-ownership should be considered unconvincing. Such unification is not explicitly prohibited by the provisions of the Law on the Investigation of Claims in Group Proceedings.
- A prerequisite for the recognition of a claim as a consumer protection claim is that the consumer seeks protection in relations with a professional entity (entrepreneur). Thus, the existence of a consumer-entrepreneur relationship is necessary. In addition, in order to speak of a claim for protection, an additional element is also necessary, because intentionally the legislator used the term “consumer protection claims” and not the term “consumer claims”.
District Court of Warsaw, III Civil Division, in the following composition:
Presiding judge: SSO Joanna Bitner
Judges: SSO Joanna Korzeń, SSO Joanna Kruczkowska
Having recognized at a hearing on May 19, 2016 in Warsaw a case brought by M. D. (1) as a representative of the class against (…) sp. z o.o. in K. for payment
decides:
- discontinue the proceedings as to the amount to be paid to the former class member J. M. (1) (formerly (…);
- refuse to reject the lawsuit;
- hear the case in a group proceeding;
- dismiss the motion of the defendant (…) sp. z o. o. in Kolonia L. to oblige the plaintiff to make a deposit to secure the costs of the lawsuit.
