The decision of the Regional Court in Warsaw 3rd Civil Division dated 24th January 2017
III C 798/15

1. Re-tendering by the defendant on the grounds of Article 15 of the Act on Pursuing Claims in Group Proceedings a claim regarding membership of specific members of the group or subgroups, the same claims having been previously considered by the Court of Appeals following an appeal against the Regional Court’s decision on rejecting the action rendered as a result of these claims, which the Court of Appeals did not eventually deem legitimate, is entirely unjustified, due to which the said Court passed the case to be heard in group proceedigns.

The Regional Court in Warsaw 3^rd Civil Division in the following ruling bench:

Presiding Judge:       Grzegorz Chmiel, Regional Court Judge

Judges:                       Joanna Bitner, Regional Court Judge, Ewa Jończyk, Regional Court Judge

having examined on 24^th January 2017 in W. at the hearing in camera the case filed by K.K. – the representative of the group and members of the group:

subgroup no. I: [3 group members];

subgroup no. II: [3 group members];

subgroup no. III: [4 group members];

subgroup no. IV: [2 group members];

subgroup no. V: [3 group members];

subgroup no. VI: [3 group members];

subgroup no. VII: [3 group members];

subgroup no. VIII: [3 group members];

subgroup no. IX: [3 group members];

subgroup no. X: [2 group members];

subgroup no. XI: [2 group members]

against the Housing Association (…) with the registered office in W.

for payment

on re-establishing membership of the group under Article 17 (1) of the Act on Pursuing Claims in Group Proceedings

hereby decides to:

on the grounds of Article 17 (1) of the Act on Pursuing Claims in Group Proceedings to establish the following membership of the group:

1. subgroup no. I with the following members – [3 group members];

2. subgroup no. II with the following members – [3 group members];

3. subgroup no. III with the following members – [4 group members];

4. subgroup no. IV with the following members – [2 group members];

5. subgroup no. V with the following members – [3 group members];

6. subgroup no. VI with the following members – [3 group members];

7. subgroup no. VII with the following members – [3 group members];

8. subgroup no. VIII with the following members – [3 group members];

9. subgroup no. IX with the following members – [3 group members];

10. subgroup no. X with the following members – [2 group members];

11. subgroup no. XI with the following members – [2 group members].