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

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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

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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

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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

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  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

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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

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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.

The decision of the Regional Court in Warsaw 21st Division of Labour and Social Insurance of 6th March 2020

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The Regional Court in Warsaw 21st Division of Labour and Social Insurance with the following ruling bench:

Presiding Judge:            Małgorzata Kosicka, Regional Court Judge

having examined on 6th March 2020, at the hearing in camera , the case brought by R. L. and 374 members of the group against the State Treasury represented by the Minister of Interior, substituted by the State Treasury Prosecutor’s Office, for compensation,

decides to:

  1. reject the claimants’ appeal.

Decision of the Regional Court in Katowice 1st Civil Division of 6th February 2020

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  1. It should be emphasized that the main purpose of the division into groups or subgroups is the standardization of claims and the easing of seeking pecuniary claims. However, single claim cannot be standardized. The standardization of claims is possible only if there are at least two claims. Moreover, creating a subgroup composed of two people which jointly represent only one claim is not admissible.

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

Presiding judge:            Jolanta Polko, Regional Court Judge

Judges:                            Agata Młynarczyk-Śmieja, Regional Court Judge

Katarzyna Zadora, District Court Judge (delegated; rapporteur)

having examined on 6th February 2020 in Katowice at the hearing in camera the group action filed by J. D. acting as a representative of the group consisting of 33 persons i.e. [personal data], who is a group member as well, against (…) Spółka z ograniczoną odpowiedzialnością spółka komandytowa in Ś., for payment,

decides to

  1. establish the composition of the subgroups, which include the following persons:
  • Subgroup no. 1: [data of 8 persons];
  • Subgroup no. 2: [data of 6 persons];
  • Subgroup no. 3: [data of 6 persons];
  • Subgroup no. 4: [data of 4 persons];
  • Subgroup no. 5: [data of 3 persons];
  1. refuse to grant the status of a group member to the following persons: [data of 6 persons];
  2. dismiss the defendant’s motion to obligate the plaintiff to pay a deposit to secure the costs of the proceedings.

Decision of the Regional Court in Warsaw 3rd Civil Division of 11th December 2019

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

Presiding Judge:             Agnieszka Rafałko, Regional Court Judge

Judges:                             Ewa Jończyk, Regional Court Judge

 Mariusz Solka, Regional Court Judge

having examined on 11th December 2019 in Warsaw at the hearing held behind closed doors of the group action filed by the Municipal Consumer Ombudsman in S. City Hall against (…) Towarzystwo (…) S.A. (…) Group with its registered office in W., for payment,

decides to

  1. discontinue the proceedings;
  2. charge the defendant with all unpaid court costs related to the court fee and costs of the announcements entrusting a court clerk to make the exact calculations;
  3. the costs of the proceedings in the remaining part are mutually waived between the parties.

Decision of the Regional Court in Warsaw 3rd Civil Division of 26th October 2019

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

Presiding Judge:            Andrzej Lipiński, District Court Judge (delegated)

having examined on 26th October 2019 in Warsaw at the hearing in camera the action filed by the Municipal Consumer Ombudsman in Olsztyn against Bank Millennium S.A. with its registered office in Warsaw in group proceedings for payment,

hereby decides to:

exclude judges Monika Odzimkowska, Joanna Kruczkowska and Anna Popławska-Czerwińska from ruling in the present case.