Judgement of the Regional Court in Warsaw 3rd Civil Division of 17th February 2020

Written by

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

Presiding Judge:            Joanna Kruczkowska, Regional Court Judge

Judges:                            Joanna Bitner, Regional Court Judge

Andrzej Lipiński, District Court Judge (delegated)

having examined on 16th January 2020 in Warsaw at the hearing the case filed by A. R. – group representative against (…) Związek (…) in W., for payment:

decides to:

  1. award from (…) Związek (…) in W. to the benefit of all members of the subgroups in the present proceedings, amounts due to them, in accordance with the list attached hereto;
  2. dismiss the action in the remaining part;
  3. encumber (…) Związek (…) in W. with all the costs of the proceedings, leaving the detailed calculation thereof to a court clerk after the judgement will become final and binding, whereby, the remuneration of the attorney of the plaintiff (representative) will be calculated at twice the minimum rate.

ATTACHMENT TO THE JUDGEMENT OF THE REGIONAL COURT IN WARSAW OF 17TH FEBRUARY 2020, FILE REF. NO III C 603/15

  1. subgroup no. 1: [6 members; PLN 1,700]
  2. subgroup no. 2: [4 members; PLN 474]
  3. subgroup no. 3: [9 members; PLN 237]
  4. subgroup no. 4: [4 members; PLN 276]
  5. subgroup no. 5: [6 members; PLN 207]
  6. subgroup no. 6: [5 members; PLN 553]
  7. subgroup no. 7: [5 members; PLN 395]
  8. subgroup no. 8: [5 members; PLN 790]
  9. subgroup no. 9: [3 members; PLN 594]
  10. subgroup no. 10: [3 members; PLN 295]
  11. subgroup no. 11: [2 members; PLN 177]
  12. subgroup no. 12: [6 members; PLN 138]
  13. subgroup no. 13: [2 members; PLN 1,242]
  14. subgroup no. 14: [9 members; PLN 158]
  15. subgroup no. 15: [3 members; PLN 534]
  16. subgroup no. 16: [2 members; PLN 98]
  17. subgroup no. 17: [2 members; PLN 833]
  18. subgroup no. 18: [3 members; PLN 1,422]
  19. subgroup no. 19: [6 members; PLN 850]
  20. subgroup no. 20: [6 members; PLN 316]
  21. subgroup no. 21: [2 members; PLN 495]
  22. subgroup no. 22: [2 members; PLN 49]
  23. subgroup no. 23: [2 members; PLN 2,550]
  24. subgroup no. 24: [3 members; PLN 196]
  25. subgroup no. 25: [2 members; PLN 178]
  26. subgroup no. 26: [4 members; PLN 345]
  27. subgroup no. 27: [2 members; PLN 79]
  28. subgroup no. 28: [2 members; PLN 245]
  29. subgroup no. 29: [2 members; PLN 69]
  30. subgroup no. 30: [2 members; PLN 632]

– all the above-mentioned amounts are due together with statutory interest for delay calculated from 18th June 2015 to the date of payment.

Decision of the Regional Court in Warsaw 1st Civil Division of 7th June 2019

Written by

  1. Pursuant to Article 12 of Act of 17 December 2009 on pursuing claims in group proceedings, entitled person shall determine his demand, indicate circumstances justifying belonging to a group and provide evidence in a declaration on joining the group. A group representative prepares a list of persons who joined a group and submits it to the court with declarations on joining the group. The court delivers the list to the defendant.
  2. Pursuant to Article 17.1. of Act of 17 December 2009 on pursuing claims in group proceedings, after the expiry of the time limit set by the court, not less than one month as of the date of service of the allegations against membership to the claimant, the court shall order a decision on the composition of the group. A court may issue a decision at a session in camera.

The Regional Court in Warsaw 1st Civil Division in the following ruling bench:

Presiding judge:            Ewa Ligoń-Krawczyk, Regional Court Judge (rapporteur)

Judges:                            Rafał Wagner, Regional Court Judge

                                         Jacek Bajak, Regional Court Judge

having examined on 7th June 2019 in Warsaw at the hearing in camera the action filed by Municipal Consumer Ombudsman (…) in W. against Towarzystwo (…) S.A. with its registered office in W. for payment,

hereby decides to:

pursuant to Article 17.1 of Act of 17 December 2009 on pursuing claims in group proceedings establish that the group, represented by Municipal Consumer Ombudsman (…) W., stipulated in Decision of Regional Court in Warsaw 1st Civil Division of 7th September 2018, also includes the following persons: [data of 52 persons].

Decision of the Regional Court in Warsaw, 3rd Civil Division of 29th May 2017

Written by

The Court of Appeals in Warsaw, 1st 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 29th May 2017 in Warsaw at the hearing in camera the case filed by K.K. as the group representative against the Housing Association (…) in W. for payment

with regard to the amendment of the decision of 24th January 2017 on establishing group membership on the basis of article 17(1) of the Act of 17th December 2009 on pursuing claims in group proceedings (case file, p. 1483 et seq.)

hereby decides to:

  1. correct an obvious inaccuracy in the presentation of the parties by putting (…) instead of (…) as subgroup V members;
  2. correct an obvious inaccuracy in the presentation of the parties by putting “M. J., A. K.” instead of “M. J., A. K., A. W., P. W.” as subgroup X members;
  3. correct an obvious inaccuracy in point 10 of the decision by putting “M. J., A. K.” instead of “M. J., A. K., A. W., P. W.” as subgroup X members;
  4. correct an obvious inaccuracy by adding “subgroup XI A. W., P. W.”, after the indication of subgroup X members in the presentation of the parties;
  5. correct an obvious inaccuracy by adding point 11 followed by words “subgroup XI consisting of – W., P. W.” to the decision, after point 10.

Decision of the Regional Court in Warsaw 25th Civil Division of 28th April 2020

Written by

  1. In charges regarding the group membership the defendant should focus on proving that a specific person cannot obtain a group member status. Therefore the charges shall show, as was already said above, that the claim of a specific person (persons) does not have the characteristics of a specific group or does not present a factual link to the claims of other group members or that it is not of the same kind as the group claim. What is important, the defendant’s statements, according to generally applicable procedural rules, shall be proved in a proper manner by presenting relevant evidence.

The Regional Court in Warsaw 25th Civil Division in the following ruling bench:

Presiding Judge: Anna Pogorzelska, Regional Court Judge

having examined on 28th April 2020 in Warsaw at the hearing in camera the group action filed by the District Consumer Ombudsman in District (…) against (…) S.A. with its registered office in W. for payment on the composition of the group

decides to:

  1. on the basis of Article 17 of the Act on Pursuing Claims in Group Proceedings determine the composition of the group and its division into subgroups which shall include the following persons:
  • subgroup 1: [data of 3 group members] (PLN 1,785.35)
  • subgroup 2: [data of 3 group members] (PLN 2,3788.06)
  • subgroup 3: [data of 3 group members] (PLN 2,940.19)
  • subgroup 4: [data of 2 group members] (PLN 3,330.17)
  • subgroup 5: [data of 3 group members] (PLN 3,409.07)
  • subgroup 6: [data of 2 group members] (PLN 3,591.32)
  • subgroup 7: [data of 3 group members] (PLN 3,834.91)
  • subgroup 8: [data of 3 group members] (PLN 4,587.63)
  • subgroup 9: [data of 2 group members] (PLN 5,440.21)
  • subgroup 10: [data of 2 group members] (PLN 6,171.05)
  • subgroup 11: [data of 4 group members] (PLN 6,661.92)
  • subgroup 12: [data of 2 group members] (PLN 7,083.43)
  • subgroup 13: [data of 2 group members] (PLN 7,218.11)
  • subgroup 14: [data of 4 group members] (PLN 7,387.30)
  • subgroup 15: [data of 2 group members] (PLN 7,554.46)
  • subgroup 16: [data of 6 group members] (PLN 7,554.54)
  • subgroup 17: [data of 2 group members] (PLN 7,702.63)
  • subgroup 18: [data of 3 group members] (PLN 7,733.94)
  • subgroup 19: [data of 2 group members] (PLN 7,930.64)
  • subgroup 20: [data of 3 group members] (PLN 8,166.72)
  • subgroup 21: [data of 3 group members] (PLN 8,420.27)
  • subgroup 22: [data of 6 group members] (PLN 9,141.55)
  • subgroup 23: [data of 2 group members] (PLN 10,223.96)
  • subgroup 24: [data of 2 group members] (PLN 10,534.55)
  • subgroup 25: [data of 2 group members] (PLN 10,725.08)
  • subgroup 26: [data of 2 group members] (PLN 10,801.59)
  • subgroup 27: [data of 3 group members] (PLN 10,953.80)
  • subgroup 28: [data of 3 group members] (PLN 11,112.98)
  • subgroup 29: [data of 2 people] (PLN 11,501.08)
  • subgroup 30: [data of 2 group members] (PLN 11,501.12)
  • subgroup 31: [data of 4 group members] (PLN 11,646.00)
  • subgroup 32: [data of 2 group members] (PLN 12,112.63)
  • subgroup 33: [data of 5 group members] (PLN 12,369.30)
  • subgroup 34: [data of 4 group members] (PLN 13,579.64)
  • subgroup 35: [data of 2 group members] (PLN 13,883.94)
  • subgroup 36: [data of 4 group members] (PLN 13,903.29)
  • subgroup 37: [data of 3 people] (PLN 14,063.05)
  • subgroup 38: [data of 3 group members] (PLN 14,497.37)
  • subgroup 39: [data of 2 group members] (PLN 14,830.64)
  • subgroup 40: [data of 4 group members] (PLN 14,908.01)
  • subgroup 41: [data of 2 group members] (PLN 15,455.76)
  • subgroup 42:  [data of 2 group members] (PLN 15,829.14)
  • subgroup 43: [data of 2 group members] (PLN 16,128.52)
  • subgroup 44: [data of 3 group members] (PLN 16,427.42)
  • subgroup 45: [data of 2 group members] (PLN 16,567.35)
  • subgroup 46: [data of 3 group members] (PLN 16,764.51)
  • subgroup 47: [data of 4 group members] (PLN 17,971.13)
  • subgroup 48: [data of 4 group members] (PLN 18,598.24)
  • subgroup 49: [data of 3 group members] (PLN 18,988.53)
  • subgroup 50: [data of 2 group members] (PLN 19,821.13)
  • subgroup 51: [data of 3 group members] (PLN 20,806.51)
  • subgroup 52: [data of 2 group members] (PLN 21,109.69)
  • subgroup 53: [data of 2 group members] (PLN 21,760.75)
  • subgroup 54: [data of 3 group members] (PLN 22,146.13)
  • subgroup 55: [data of 2 group members] (PLN 23,139.44)
  • subgroup 56: [data of 2 group members] (PLN 23,511.12)
  • subgroup 57: [data of 3 group members] (PLN 25,155.11)
  • subgroup 58: [data of 3 group members] (PLN 28,343.42)
  • subgroup 59: [data of 2 group members] (PLN 32,726.27)
  • subgroup 60: [data of 2 group members] (PLN 34,796.52)
  • subgroup 61: [data of 3 group members] (PLN 36,337.83)
  • subgroup 62: [data of 3 group members] (PLN 44,540.22)
  • subgroup 63: [data of 2 group members] (PLN 54,094.36)
  • subgroup 64: [data of 4 group members] (PLN 63,054.54)
  • subgroup 65: [data of 2 group members] (PLN 66,360.70)
  • subgroup 66: [data of 2 group members] (PLN 87,692.94)
  • subgroup 67: [data of 2 group members] (PLN 8,894.45)
  • subgroup 68: [data of 2 group members] (PLN 9,334.29)
  • subgroup 69: [data of 1 group member] (PLN 17,004.60)
  • subgroup 70: [data of 2 group members] (PLN 17,172.07)
  • subgroup 71: [data of 3 group members] (PLN 17,688.12)
  • subgroup 72: [data of 2 group members] (PLN 17,964.84)
  • subgroup 73: [data of 2 group members] (PLN 28,494.19)
  • subgroup 74: [data of 3 group members] (PLN 33,587.43)
  • subgroup 75: [data of 2 group members] (PLN 55,363.92)
  • subgroup 76: [data of 3 group members] (PLN 155,940.72)
  • subgroup 77: [data of 3 group members] (PLN 4,103.83)
  • subgroup 78: [data of 2 group members] (PLN 14,397.49)
  • subgroup 79: [data of 2 group members] (PLN 5,659.78)
  • subgroup 80: [data of 2 group members] (PLN 8,605.62)
  • subgroup 81: [data of 2 group members] (PLN 9,519.14)
  • subgroup 82: [data of 2 group members] (PLN 10,061.31)
  • subgroup 83: [data of 1 group member] (PLN 18,048.05)
  • subgroup 84: [data of 3 group members] (PLN 31,194.08)
  • subgroup 85: [data of 2 group members] (PLN 35,929.29)
  • subgroup 86: [data of 3 group members] (PLN 58,691.95)
  • subgroup 87: [data of 1 group member] (PLN 39,770.92)

2. refuse to grant the status of a group member to the following persons: [data of 27 people].

Decision of the Regional Court in Warsaw 2nd Civil Division of 14th December 2020

Written by

The Regional Court in Warsaw 2nd Civil Division in the following ruling bench:

Presiding judge:            Marcin Polakowski, Regional Court Judge

Judges:                            Magdalena Antosiewicz, Regional Court Judge

  Sylwia Urbańska, Regional Court Judge

having examined on 20th November 2020 in Warsaw at the closed hearing the case filed by District Consumer Ombudsman in S. acting as a group representative against (…) S. A. in W. for the establishment of a legal right

hereby declares that:

I. the provisions contained in point 11 of the “Table of Fees and Limitations to the Agreement on Life Insurance with Insurance Capital Funds with Regular Basic Premium – (…)”, setting out the rules for determining the amount of the liquidation fee charged by (…) S.A. with its registered office in W. from members of the group in the event of termination of the insurance agreement before the lapse of 10 years from the date of its conclusion, constitute prohibited contractual provisions and are not binding upon the following members of the group:

  1. by policy[data of 1 group member] who concluded a contract on 10th May 2011, confirmed by policy No. (…),
  2. [data of 1 group member] who concluded a contract on 14th June 2011, confirmed by policy No. (…),
  3. [data of 1 group member] who concluded a contract on 17th March 2011, confirmed by policy No. (…),
  4. [data of 1 group member] who concluded a contract on 24th August 2011, confirmed by policy No. (…),
  5. [data of 1 group member] who concluded a contract on 31st August 2011, confirmed by policy No. (…),

II. the provisions of the general insurance terms and conditions included in point 11 of the “Table of Fees and Limitations to the Agreement for Life Insurance with Insurance Capital Funds with Regular Basic Premium – (…)”, determining the rules of determining the amount of the liquidation fee, collected by (…) S.A. with its registered office in W. from members of the group in the case of termination of the insurance agreement before the lapse of 10 years from the date of its conclusion, constitute prohibited contractual provisions and are not binding upon the following members of the group:

  1. [data of 1 group member] who concluded a contract on 29December 2011, confirmed by policy No. (…),
  2. [data of 1 group member] who concluded a contract on 14th March 2011, confirmed by policy No. (…),
  3. [data of 1 group member] who concluded a contract on 26th October 2011, confirmed by policy No. (…),
  4. [data of 1 group member] who concluded a contract on 21st November 2011 confirmed by policy No. (…),
  5. [data of 1 group member] who concluded a contract on 19th January 2011, 2011 confirmed by policy No. (…),
  6. [data of 1 group member] who concluded a contract on 27th January 2011, confirmed by policy No. (…),
  7. [data of 1 group member] who concluded a contract on 8th December 2011, confirmed by policy No. (…),
  8. by policyby policyby policy (…),

III. the provisions of the general insurance terms and conditions included in point 12 of the “Table of Fees and Limitations to the Agreement for Life Insurance with Insurance Capital Funds with Regular Basic Premium – (…)”, determining the rules of determining the amount of the liquidation fee, collected by (…) S.A. with its registered office in W. from members of the group in the case of termination of the insurance agreement before the lapse of 10 years from the date of its conclusion, constitute prohibited contractual provisions and are not binding upon the following members of the group:

  1. [data of 1 group member] who concluded a contract on 23rd December 2011, confirmed by policy No. (…),
  2. [data of 1 group member] who concluded a contract on 1st June 2011, confirmed by policy No. (…),
  3. [data of 1 group member] who concluded a contract on 30th November 2011, confirmed by policy No. (…),

IV. the provisions of the general insurance terms and conditions included in point 12 of the “Table of Fees and Limitations to the Agreement for Life Insurance with Insurance Capital Funds with Regular Basic Premium – (…)”, determining the rules of determining the amount of the liquidation fee, collected by (…) S.A. with its registered office in W. from members of the group in the case of termination of the insurance agreement before the lapse of 10 years from the date of its conclusion, constitute prohibited contractual provisions and are not binding upon the following members of the group:

  1. [data of 1 group member] who concluded a contract on 1st February 2012, confirmed by policy No. (…),
  2. [data of 1 group member] who concluded a contract on 17th August 2011, confirmed by policy No. (…),
  3. [data of 1 group member] who concluded a contract on 13th September 2011, confirmed by policy No. (…),
  4. [data of 1 group member] who concluded a contract on 11th July 2011, confirmed by policy No. (…),
  5. [data of 1 group member] who concluded a contract on 28th September 2011, confirmed by policy No. (…) and on 29th December 2011, confirmed by policy No. (…),
  6. [data of 1 group member] who concluded a contract on 4th August 2011, confirmed by policy No. (…),
  7. [data of 1 group member] who concluded a contract on 24th May 2011, confirmed by policy No. (…),
  8. data of 1 group member] who concluded a contract on 20th May 2011, confirmed by policy No. (…),
  9. [data of 1 group member] who concluded a contract on 21st March 2012, confirmed by policy No. (…),
  10. [data of 1 group member] who concluded a contract on 27th February 2012, confirmed by policy No. (…),

V. the provisions of the general insurance terms and conditions included in point 12 of the “Table of Fees and Limitations to the Agreement for Life Insurance with Insurance Capital Funds with Regular Basic Premium – (…)”, determining the rules of determining the amount of the liquidation fee, collected by (…) S.A. with its registered office in W. from members of the group in the case of termination of the insurance agreement before the lapse of 10 years from the date of its conclusion, constitute prohibited contractual provisions and are not binding upon the following members of the group:

  1. [dane 1 group member] who concluded a contract on 1st April 2011, confirmed by policy No. (…),
  2. [dane 1 group member] who concluded a contract on 14th February 2011, confirmed by policy No. (…),
  3. [dane 1 group member] who concluded a contract on 31st March 2011, confirmed by policy No. (…),
  4. [dane 1 group member] who concluded a contract on 22nd July 2011, confirmed by policy No. (…),
  5. [dane 1 group member] who concluded a contract on 14th April 2011, confirmed by policy No. (…),
  6. [dane 1 group member] who concluded a contract on 30th June 2011, confirmed by policy No. (…);

VI. in the remaining part, waives the costs of the proceedings between the parties;

VII. orders the respondent to return court fees to the State Treasury – the cash office of the Regional Court in Warsaw, but leave the detailed calculation of the costs to the court referendary

VIII. accepts the remaining unpaid court costs into the account of the State Treasury./

Decision of the Regional Court in Warsaw 14th Civil Division of 16th December 2020

Written by

The Regional Court in Warsaw 14th Civil Division in the following ruling bench:

Presiding judge:     Paweł Pyzio, Regional Court Judge

Judges:                     Agnieszka Bedyńska-Abramczyk, Regional Court Judge

     Krzysztof Tarapata, Regional Court Judge (delegated)

having examined on 16th December 2020 in Warsaw at the closed hearing the case filed by Municipal Consumer Ombudsman in W.

against Towarzystwo Ubezpieczeń (…) Spółka Akcyjna with its registered office in W.

for payment and the establishment of a right

hereby decides to:

  1. pursuant to Article 17(1) of the Act of 17th December 2009 on pursuing claims in group proceedings, determine that the following persons are members of the group represented by the Municipal Consumer Ombudsman in W.: [data of 113 group members]
  2. deny group membership status to the following individuals: [data of 40 persons].

Decision of the Regional Court in Warsaw 24th Civil Division of 21st May 2020

Written by

The Regional Court in Warsaw 24th Civil Division in the following ruling bench:

Presiding judge:     Monika Dominiak, Regional Court Judge

Judges:                     Jacek Tyszka, Regional Court Judge

                                  Joanna Szekowska-Krym, District Court Judge (delegated)

having examined on 21st May 2020 in Warsaw at the hearing the case filed by the Municipal Consumer Ombudsman in S. – the group representative against (…) Towarzystwo Ubezpieczeń na Życie Spółka Akcyjna (…) with its registered office in W. for payment,

decides to:

  1. discontinue the proceedings;
  2. order to collect from the defendant (…) Towarzystwo Ubezpieczeń na Życie Spółka Akcyjna (…) with its registered office in W. to the benefit of the State Treasury – the cash office of the Regional Court in Warsaw the amount of PLN 27,677.50 (twenty-five thousand six hundred and seventy-seven PLN and 50/100) as a refund of half of the unpaid court fee;
  3. order to collect from the defendant (…) Towarzystwo Ubezpieczeń na Życie Spółka Akcyjna (…) with its registered office in W. to the benefit of the State Treasury – the cash office of the Regional Court in Warsaw the amount of PLN 6,666.60 (six thousand six hundred and sixty-six PLN and 60/100) for the costs of the announcement on commencement of the group proceedings temporarily incurred by the State Treasury;
  4. transfer the unpaid court costs to the account of the State Treasury;
  5. the costs of the proceedings in the remaining part are mutually waived between the parties.

Decision of the Regional Court in Gdańsk 1st Civil Division of 11th September 2020

Written by

  1. It is permissible to submit a declaration of joining the group also before the publication of the notice of commencement of group proceedings. Such a statement may not, however, be made by a group member directly to the court, bypassing the group representative.
  2. The mere fact of conducting business activity, even if the address of this activity was to be a real estate paid for with funds obtained from a loan incurred from the defendant, does not prove that the loan agreement was concluded by members of the group as entrepreneurs and not as consumers.
  3. The claims asserted in this action are based on the fact that each group member concluded with the defendant a loan agreement consisting of inadmissible contractual clauses. Certain differences in the drafting of the clause itself are irrelevant; the decisive factor should be whether, in each case, it leads to the application of an identical mechanism to all the interested members of the group. Nor does it matter how long the disputed clauses were in force in relation to each group member.
  4. The purpose of a class action may only be achieved if, in these proceedings, the issues common to the class predominate the issues relating to the group members’ individual circumstances.

The Regional Court in Gdańsk 1st Civil Division in the following ruling bench:

Presiding judge:     Karolina Sarzyńska, Regional Court Judge

Judges:                     Małgorzata Janicka, Regional Court Judge

                                  Ewa Karwowska, Regional Court Judge

Having examined on 11 September 2020 in Gdańsk at the hearing in camera the case filed by District Consumer Ombudsman in S. acting as a group representative against Bank (…) S. A. in G. for the declaration of the defendant’s liability or, alternatively, for the shaping of a legal right

hereby decides to:

I. Dismiss the defendant’s motion for the suspension of the proceedings

II. Pursuant to Article 17(1) of the Act of 17 December 2009 on pursuing claims in group proceedings, determine that the following persons are members of the group represented by the District Consumer Ombudsman in S.:

  1. subgroup 1 (first): [data of 216 group members]
  2. subgroup 2 (second): [data of 56 group members]

III. Deny group membership status to the following individuals: [19 group members by name from Nos. 1 to 19].

Decision of the Regional Court in Warsaw 20th Commercial Division of 29th May 2020

Written by

The Regional Court in Warsaw 20th Commercial Division with the following ruling bench:

Judge:             Łukasz Oleksiuk, District Court Judge (delegated)

having examined on 29th May 2020 in Warsaw at a hearing in camera the case filed by (…) sp. z o.o. with its registered office in W. against (…) Limited (…) sp. z o.o. in W., against (…) (…) in N. (C.) for the protection of copyrights and related rights in group proceedings,

hereby decides to:

  1. suspend the proceedings under Article 177 § para 1 point 6 of the Code of Civil Procedure with respect to the following new claims submitted in the letter of 23 September 2019:
  1. with regard to the claim described in point IV.1 of the above mentioned letter, i.e. ordering the defendant to implement a file filtering system (in particular, but not exclusively, in EPUB MOBI and PDF formats, text files and audio files) within 3 months from the date the judgment in the case becomes final – which allows further distribution of the files indicated in attachment 1 to the above letter by the users of the portal (…). pl within this portal to be identified, which will make it possible to prevent access to such a file, however, the effectiveness of such a filtering system, i.e. its ability to identify and block access to files infringing copyrights, cannot be lower than the average effectiveness of the systems functioning on the market, and, as a consequence, also ordering the defendant to conduct ongoing monitoring of the files available on the portal (…).pl with respect to the files placed and distributed within the service (…).pl, which may infringe the copyrights of the members of the group with respect to the files indicated in the attachment no. 1 to the aforementioned letter;
  2. with respect to the claim described in point IV. 3 of the abovementioned letter, i.e. the defendant’s obligation under Article 79.2 of the Act of 4 February 1994 on Copyrights and Related Rights (i.e. Journal of Laws of 2019, item 1231, as amended) to publish announcements at its expense, within 14 days of the date in which the judgment issued in this case became final, in the places and content described in the letter of 23 September 2019;
  3. with respect to the claim described in point IV.4 of the abovementioned letter, i.e. in the event of the defendant’s failure to fulfil the obligations described above with respect to the publication of the statements with the content and within the time limit specified in the Court’s decision – authorizing (…) sp. z o.o. as a group representative to publish the abovementioned statements at the cost of the defendant and obligating the defendant to reimburse the costs incurred by the claimant on this account.

Decision of the Regional Court in Warsaw 4th Civil Division of 1st April 2020

Written by

The Regional Court in Warsaw 4th Civil Division with the following ruling bench:

Presiding Judge:             Karol Smaga, Regional Court Judge (rapporteur)

Judges:                              Agnieszka Derejczyk, Regional Court Judge

 Tomasz Jaskłowski, Regional Court Judge

having examined on 1st April 2020 in Warsaw at the hearing in camera the case filed by the Municipal Consumer Ombudsman in O. against Bank (…) S.A. with its registered office in W. for payment,

/on the subject of the composition of the group/

decides to:

  1. determine the composition of the subgroups consisting of the following persons: [composition of 281 subgroups]
  2. refrain from drafting the reasoning of the decision, supporting the plaintiff’s argumentation presented in the letter of 7th March 2019, in which the application to determine the group composition was formulated in, in full.