Decision of the Regional Court in Warsaw 3rd Civil Division of 17th February 2015
III C 976/12

1. Members of a housing association are consumers in the scope of the legal relations between them and the housing association resulting from agreements and bylaws containing illicit contract clauses.
2. In spite of the fact that only one of the spouses made payments, the other of them is entitled to demand a return of interests on the paid amounts of valorization or a return of penal interests on unduly collected performance (valorization amounts).
3. The housing association cannot refuse to admit a purchaser of the expectancy right to ownership of a separate residential unit as a member to the housing association.

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

The Chairman:                          Mariusz Solka, Regional Court Judge (rapporteur)

The Judges:                               Agnieszka Rafałko, Regional Court Judge, Ewa Jończyk, District Court Judge (delegated)

having examined on 17^th February 2015 at the hearing in camera the case filed by the Municipal Consumer Ombudsman (…) – the representative of the group and of the members of the group:

subgroup no. I: [2 members];

subgroup no. 2: [6 members];

subgroup no. 3: [3 members];

subgroup no. 4: [6 members];

subgroup no. 5: [6 members];

subgroup no. 6: [2 members];

subgroup no. 7: [4 members];

subgroup no. 8: [3 members];

subgroup no. 9: [2 members];

subgroup no. 10: [4 members];

against the Housing Association (…) in W. for payment in re of establishing the composition of the group pursuant to Article 17 (1) of the Act on Pursuing Claims in Group Proceedings,

decides to:

under Article 17 (1) of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings, establish the composition of the group represented by the Municipal Consumer Ombudsman as follows:

1) subgroup no. I: [2 members];

2) subgroup no. 2: [6 members];

3) subgroup no. 3: [3 members];

4) subgroup no. 4: [6 members];

5) subgroup no. 5: [6 members];

6) subgroup no. 6: [2 members];

7) subgroup no. 7: [4 members];

8) subgroup no. 8: [3 members];

9) subgroup no. 9: [2 members];

10) subgroup no. 10: [4 members].