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.

The decision of the Regional Court in Warsaw 21st Division of Labour and Social Insurance of 16th October 2019

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  1. Pursuant to Article 24 (2) of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2018, item 573, as amended), the provisions of Article 100 (2), Articles 101-103, 105, 107, and 109-112 of the Act of 28 July 2005 on Court Costs in Civil cases, the exemption of court fees is impossible, neither in whole, nor in part.

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

Court Referendary:        Izabela Król

having examined on 16th October  2019, at a hearing in camera, the case brought forth by R. L. against the State Treasury – the Minister of Interior and Administration for compensation on the claimant’s application for the exemption of court fees,

decides to:

  1. reject the motion.

Justification

Along with the appeal the claimant, as a representative of the group, applied for an exemption of court fees exemption.

The court referendary considered the following:

The application had to be rejected as inadmissible.

It should be noted that pursuant to Article 24(2) of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2018, item 573, as amended), the provisions of Article 100(2), Articles 101-103, 105, 107 and 109-112 of the Act of July 28, 2005 on Court Costs in Civil cases do not apply.

Accordingly the court may not exempt group members from court fees, neither in whole, nor in part.

For these reasons, the court referendary ruled as in the operative part.

Decision of the Regional Court in Poznań 18th Civil Division of 8th October 2019

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The Regional Court in Poznań 18th Civil Division with the following ruling bench:

Presiding judge:         Joanna Ciesielska-Borowiec

Judges:                         Magdalena Ławrynowicz, Adrianna Foligowska

having examined on 8th October 2019 at the hearing in camera of the group action filed by [data of 15 persons] against R. T. Spółka Akcyjna with its registered office in Ł. for payment,

decides to:

  1. discontinue the proceedings,
  2. dismiss the claimant’s motion for refunding half of the court fee paid for the lawsuit.

Decision of the Regional Court in Warsaw 4th Civil Division of 27th September 2019

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

Presiding Judge:            Magdalena Kubczak, the Regional Court Judge

Judges:                            Anna Tyrluk-Krajewska, the Regional Court Judge

Tomasz Jaskłowski, the Regional Court Judge

having examined on 27th September 2019 in Warsaw at the hearing in camera the action filed by Ł. K. – a group representative against bank (…) S.A. in W. for the establishment of the defendant’s liability,

hereby decides to:

examine the case in group proceedings.

Decision of the Regional Court in Wroclaw 1st Civil Division of 9th September 2019 I C 976/17

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The decision is not valid and final.

  1. The requirement of homogeneity of claims stipulated in Article 1 Section 1 of Act on Pursuing Claims in Group Proceedings means that all persons covered by the class action shall apply for legal protection in the same form.
  2. The pecuniary claims shall undoubtedly be considered as homogeneous claims. The non-pecuniary claims shall be homogeneous solely when they relate to the defendant’s requested course of action, which means that all group members request a specified defendant’s act or omission (of the same kind).
  3. The premise of numerosity shall be fulfilled at the moment of filing the lawsuit as well as at the moment of the Court’s on the admissibility of the group proceedings.
  4. The third subjective premise, stipulated in Article 1 Section 1 of Act on Pursuing Claims in Group Proceedings, which shall be fulfilled to initiate group proceedings, is commonality of the factual basis. The commonality arises when a bond between group members based on the unity of the event leading to the damage exists.
  5. Therefore, the identical factual basis exists when there is one multilateral legal relationship, and a similar factual basis – many legal relationships.
  6. The very purpose of allocating the money from a loan for the purchase of a residential premises, its renovation or furnishing eliminates the debtor’s status as an entrepreneur.
  7. Even if the debtor, who concluded the contract for residential purposes, simultaneously runs a business activity, their consumer status does not change in the present proceedings, because the conclusion of the loan (credit) contract is not directly related to that activity.

 

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

Presiding judge:          Rafał Cieszyński, Regional Court Judge

Judges:                          Aneta Fiałkowska-Sobczyk, Regional Court Judge

        Sławomir Urbaniak, Regional Court Judge

having examined on 9th September 2019 in Wroclaw at the hearing in camera the action filed by the Municipal Consumer Ombudsman in (…) W. (a group representative) against (…) Bank (…) S.A. with its registered office in W. for the establishment of the defendant’s liability,

hereby decides to:

examine the case in group proceedings.

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Judgement of the Regional Court in Warsaw 24th Civil Division of 31st July 2019

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  1. Since the Polish legislator provides for autonomous grounds of liability resulting from assistance in inflicting damage (taking benefit from the damage inflicted by another person), it means that the ancillary’s action (who benefits from the damage) is not covered by the general regulation of liability for its own act stipulated in Articles 415 and 416 of the Polish Civil Code.
  2. Pursuant to the model set forth in Article 361 of the Polish Civil Code by the Polish legislator, a perpetrator of damage bears liability only for usual, not all, results of their acts or omissions. The usual results of the acts or omissions are such actions or omissions which usually happen in particular circumstances.
  3. The ancillary’s liability derives from the liability borne by the perpetrator of damage. Hence, the essential condition of liability resulting from assistance in inflicting damage is proving that the perpetrator’s tort liability is justified.
  4. It follows from the very construction of the ancillary’s liability that in order to be “helpful to inflict damage” one should be aware of the tort which the ancillary would participate in. If there is no such awareness, any ancillary’s actions or omissions are merely an elements of the facts leading to the occurrence of damage, but they are not acts which resulted in liability for damages.
  5. A bank’s professional duty to act with special diligence relates to the protection of funds entrusted to the bank by a bank account holder and, in its nature, is related to contractual liability.

 

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

Presiding Judge:            Krystyna Stawecka, the Regional Court Judge

Judges:                            Anna Błażejczyk, the Regional Court Judge

                               Tomasz Gal, the Regional Court Judge

having examined on 17th July 2019 in Warsaw at the hearing the action filed by K. P. acting as a group representative against (…) Bank (…) S.A. in W. for payment,

hereby decides to:

  1. dismiss the claim;
  2. leave the decision on the costs of the proceedings to the court referendary, indicating that the defendant won the case in full.

Decision of the Regional Court in Warsaw 26th Commercial Division on 1st July 2019

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  1. Pursuant to Article 16.1 of Act on Pursuing Claims in Group Proceedings the burden of proof that the particular persons are group members of lies with the plaintiff. A detailed name list of group members must be drafted and it have to be proven that each of them meets the requirements on joining the group.

The Regional Court in Warsaw 26th Commercial Division with the following ruling bench:

Presiding Judge:           Karolina Toczyńska, Regional Court Judge

Judges:                            Agnieszka Owczarewicz, Regional Court Judge

Anna Hrycaj, Regional Court Judge

having examined on 1st July 2019 in Warsaw at the hearing in camera the group action filed by T. G. acting as a group representative against (…) spółka z ograniczoną odpowiedzialnością in W., K. A., P. J. (1) for payment,

on the establishment of the group composition,

decides to

establish that the group consists of the following persons:

[data of 142 persons]