Decision of the Regional Court in Warsaw 24th Civil Division of 9th June 2016

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The decision was reversed by the decision of the Regional Court in Warsaw of 15th September 2016, file ref. no. XXIV C 500/14.

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

Monika Dominiak, Regional Court Judge

Barbara Budzianowska, Regional Court Judge

Urszula Idzikowska, Regional Court Judge

having examined on 9th June 2016 in Warsaw at the hearing in camera in the case filed by the Municipal Consumer Ombudsman in S. – the group representative against (…) S.A. with its registered office in W. for the establishment of the defendant’s liability,

hereby decides to

  1. make the announcement on the commencement of group proceedings at the cost of the State Treasury with the following content:

THE ANNOUNCEMENT OF THE COMMENCEMENT OF GROUP PROCEEDINGS

‘Under the Act of 17 December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws from 2010, No 7, item 44), group proceedings initiated by the Municipal Consumer Ombudsman in S. acting as a group representative against (…) S.A. with its registered office in W., file ref. no. XXIV C 500/14 commenced before the Regional Court in Warsaw, 24th Civil Division. The group currently consists of 71 members. The value of the object of the dispute is PLN 3,197,972.38.

The Municipal Consumer Ombudsman in S. as a group representative, motioned for:

1) establishment by the Court, that the following general terms of life insurance contracts concluded with the insurance capital fund are unfair contractual terms (…),

2) establishment that if life insurance contracts concluded by (…) S.A. with group members are terminated before the end of the period of insurance for any reason other than death, the (…) S.A. is obligated to pay the group members the amount of (…).

Each person who:

(…)

is entitled to join the group by filing a written declaration on joining the group within the non-extendable period of two months as of the date of notification of that announcement and by submitting the declaration to the group representative – the Municipal Consumer Ombudsman in S., to the address of his attorneys –A. L., legal counsel, or D. K., legal counsel (…) s.c., ul. (…), (…)-(…) W.

After the lapse of the abovementioned deadline, joining the group will be inadmissible.

(…)’.

Decision of the Regional Court in Warsaw 25th Civil Division of 6th June 2016

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

Krystyna Stawecka, Regional Court Judge

having examined on 6th August 2016 in Warsaw at the hearing in camera in the group action filed by J. K. – the group representative against Bank (…) S.A. in W. for payment,

decides to:

award the amount of PLN 5,904.00 (five thousand nine hundred and four złoty) to P. Ł. with its registered office in W. as reimbursement of the costs of the announcement in “Rzeczpospolita”, , which shall be paid by the Financial Office of the Regional Court in Warsaw, in the manner which follows:

  • the amount of PLN 3,690.00 (three thousand six hundred and ninety PLN) shall be paid from the advance paid by the claimant on 24th February 2016, booked under item 500003934529 (card no. 895);
  • the amount of PLN 2,214.00 (two thousand two hundred and fourteen PLN) shall be paid from the advance paid by the claimant on 15th April 2016, booked under position 500005190881 (card no. 908).

Decision of the Regional Court in Warsaw 16th Commercial Division of 6th June 2016

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  1. Group members must be bound by a specific subjective and objective bond. The subjective bond pertains to individuals in the group who have suffered as a result of the perpetrator’s single act. In a class action, such individuals pursue claims from one entity (the violator). In turn, the objective commonality is related to the type of violation which has this effect that a joint pursuit of claims by the group is substantiated and possible. The bond existing between members of the group must be based on the same or similar factual basis.
  2. In the situation in which the factual and legal basis of the pursued claims and their homogeneous nature are the same for all claimants, standardisation of claims, where claimants decide to litigate in a class action, must be performed in relation to all of them, without a possibility of division into smaller subgroups.
  3. This is because it is assumed that individuals within a subgroup are individuals whose claims have been standardised in connection with occurring differences, e.g. the nature of damages sustained thereby in the same event is different (…). The requirement for standardisation of cash claims is dictated by a drive at streamlining group proceedings. Hence, the claim standardisation procedure may not be performed in a random manner, it must take the shared circumstances of the case into consideration.

Decision of the Regional Court in Warsaw 1st Civil Division of 5th June 2016

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  1. Filing a motion for the deposit to secure the costs of the proceedings, the Defendant should make plausible, firstly, that the action against him is obviously unfounded or that the statement of claims is unlikely to be allowed, therefore it has characteristics of litigiousness and, secondly, that the lack of the deposit to secure the future claim for reimbursement of costs of the proceedings will make an execution of the cost from the Claimant impossible or significantly more difficult.

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

Ewa Ligoń-Krawczyk, Regional Court Judge (Rapporteur)

Rafał Wagner, Regional Court Judge

Jacek Bajak, Regional Court Judge

having examined on 5th June 2016 in Warsaw at the hearing in camera the case filed by the Municipal Consumer Ombudsman in S. W. against Towarzystwo (…) S.A. with its registered office in W. for payment,

decides to:

dismiss the motion of the Defendant – Towarzystwo (…) S.A. with its registered office in W. to obligate the Claimant – Municipal Consumer Ombudsman in S. W. to pay a deposit to secure the costs of the proceedings.

Decision of the Regional Court in Warsaw, 3rd Civil Division of 25th May 2016

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

Presiding Judge:           Joanna Korzeń, Regional Court Judge

having examined on 25th May 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

decides to:

  1. discontinue the appeal proceedings brought by the respondent against the judgment of the Regional Court in Warsaw 3rd Civil Division of 2 March 2016;
  2. return to the defendant the fee for the appeal in the amount of PLN 819.00.

Decision of the Regional Court in Warsaw 2nd Civil Division of 18th May 2016

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  1. The mandatory representation by a professional counsel set out in Article 4 (4) of the Act on Pursuing Claims in Group Proceedings means that the solely the group representative’s legal counsel who is an attorney-at-law or a legal counsel has the capacity to engage in acts in law in the action. The requirement of mandatory representation by a professional counsel in such a situation is of an absolute nature which means that the group representative may not act in the case personally, but only through a professional counsel. Actions performed by the party will be ineffective.

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

The Chairman:  Sylwia Urbańska, The Regional Court Judge

The Judges:       Katarzyna Waseńczuk, The Regional Court Judge; Tomasz Wojciechowski, The Regional Court Judge

having examined on 18th May 2016 in Warsaw at the hearing in camera in the case filed by K .S. acting as a group representative in favor of [personal data of the group members] against (…) Zakład (…) S.A. in W. for payment, concerning the suspension of the proceedings,

hereby decides to:

suspend the proceedings on the grounds of the Article 177 para 1 point 6 of the CCP.

Decision of the Regional Court in Katowice 2nd Civil Division of 17th May 2016

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  1. The distinction between pecuniary claims and non-pecuniary is significant insofar as in order to establish a member’s affiliation with the group in the scope of non-pecuniary claims, the plausibility is in fact sufficient.
  2. In the case for the establishment of the non-existence and for payment, the issue of whether the members submitted a declaration on evading the legal effects of one’s declarations of will – or not – is without meaning. The Claimants site the unconditional invalidity of contracts (Article 58 of the Civil Code) and not conditional invalidity, which is dependent on the submission of the declaration. Membership of the group is also not affected by the fact that one of the group members entered into the challenged contract after already being the owner of the premises, as opposed to the remaining members of the group.

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

Presiding Judge:      Agata Stankiewicz – Rataj, Regional Court Judge

Judges:                      Anna Bogaczyk-Żyłka, Regional Court Judge, Lech Skórski, Regional Court Judge

having examined on 17th May 2016 in Katowice at the hearing in camera the case filed by M. G. – the group representative against: the Housing Association in B. for declaring the of invalidity and for payment

hereby decides to:

  1. establish the group composition as follows: [14 group members, 4 subgroups];
  2. dismiss the defendant’s motion to obligate the Claimant to pay a deposit to secure the costs of the litigation.

Decision of the Regional Court in Warsaw 25th Civil Division of 26th April 2016

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  1. The Act on Pursuing Claims in Group Proceedings does not determine whether group members’ consent to dispositive actions must be expressed before undertaking such action. It seems however, that lege non distinguente, such consent may be expressed either before undertaking of the act or thereafter.
  2. In cases where the individual members expressed the will to base their claims on two potential substantive law bases, not excluding the possibility of taking advantage of any of them, the group’s representative may alter the order in which to pursue the claims. The altering of the order of the claims to be pursued does not require the consent mentioned in Article 19 of the Act on Pursuing Claims in Group Proceedings.
  3. A charge of application of a defective construction of modify the claim may in no way be qualified as disqualifying the examination of the case in group proceedings.
  4. On the grounds of the Act on Pursuing Claims in Group Proceedings, it does not matter whether the claims arise from the same or from different legal relationships.
  5. At the stage of a preliminary examination, the court examines factual circumstances that are of key significance and common to all members of the group, without a detailed analysis of circumstances characteristic only of single or certain members of the group, but having no influence on the future legal assessment of claims pursued by claimants.
  6. In Article 2 of the Act on Pursuing Claims in Group Proceedings, there are no premises related to proportionality of the pursued claims.

 

Judgment of the Regional Court for Warsaw-Prague in Warsaw 3rd Civil Division dated 22nd April 2016

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  1. Under Article 3853 pt 20 of the CC, a provision providing for a consumer’s contractor’s right to determine or to raise the price or remuneration after a contract was concluded without granting to the consumer the right to withdraw from the contract constitutes an inadmissible contractual clause.
  2. A superficial difference between provisions of a given contract template and those contractual clauses deemed inadmissible by the Consumer and Competition Protection Court leads to a conclusion they are identical as those the court recognized as abusive.
  3. As regards establishing the invalidity of contract template provisions including valorization clauses, the defendant’s allegation that he had negotiated the amount of valorization payment with some of the group members and that those who acquired their rights by assignment had been informed on the value of the valorization fee is of no significance.
  4. Further application of contract provisions recognized as inadmissible constitutes an unlawful action of the entrepreneur infringing on consumers’ interests, i.e. a practice infringing on the collective consumer rights in the meaning of Article 24 [2] of the Consumer and Competition Protection Act.
  5. The declarations included in agreements on establishment of separate ownership of premises under which the parties mutually waive all the claims arising from the performance of the contract for construction and sale of residential premises are not declarations on waiving the claims for the return of the undue valorization fee.
  6. Contract clauses subject to control on the basis of Article 385¹ CC are lawful, However, due to additional premises indicated in this Article, they might be deemed inadmissible and in consequence not binding for the consumer.
  7. Application of valorization clauses is admissible as long as they shape rights and obligations of consumers in a fair way.
  8. Under Article 3851 [1] CC, application of an inadmissible clause in a contract template results in the lack of the binding force of such a provision while the remaining parts of the template remain effective.

 The Regional Court for Warsaw-Prague in Warsaw 3rd Civil Division in the following ruling bench:

Presiding Judge: Ewa Dietkow (rapporteur), Regional Court Judge

Judges: Beata Karaczewska-Mazur, Regional Court Judge, Radosław Olszewski, Regional Court Judge

having examined on 8th April 2016 in a court hearing the case file by S.P. against (…) Ltd. with its registered office in Z. for payment

hereby decides to: 

  1. jointly and severally award from the Defendant to [2 group members] the amount of PLN 25,606.30 including the statutory interest as of5th July 2012 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment, and the amount of PLN 4,473.95 as the return of the proceeding costs of proceedings of proceedings;
  2. award from the Defendant award from the defendant to [1 group member] the amount of PLN 25,606.30 with the statutory interest as of5th July 2012 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points and the amount of PLN 4,473.95 as the return of the proceeding costs of proceedings;
  3. award from the defendant to [1 group member] the amount of PLN 25,606.30 with the statutory interest as of 5th July 2012 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points and the amount of PLN  4,473.95 as the return of the proceeding costs of proceedings;
  4. jointly and severally award from the Defendant to [2 group members]the amount of PLN 10.000,00 with the statutory interest as of 5th July 2012 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points until the date of payment and the amount of PLN 1.820,00  as the return of the proceeding costs of proceedings;
  5. jointly and severally award from the Defendant to jointly and severally award from the Defendant to [2 group members]the amount of PLN 10,000.00 with the statutory interest as of 5th July 2012 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 1,820.00  as the return of the proceeding costs of proceedings;
  6. jointly and severally award from the Defendant to [2 group members] the amount of PLN 10,000.00 with the statutory interest as of 19th July 2014 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 1,820.00  as the return of the proceeding costs of proceedings;
  7. jointly and severally award from the Defendant to [2 group members]the amount of PLN 5,901.29 with the statutory interest as of 5th July 2012 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 1,124.19 as the return of the proceeding costs of proceedings;
  8. jointly and severally award from the Defendant to [2 group members]the amount of PLN 5,901.29 with the statutory interest as of 5th July 2012 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 1,124.19  as the return of the proceeding costs of proceedings;
  9. jointly and severally award from the Defendant to [2 group members]the amount of PLN 5,901.29 with the statutory interest as of 19th July 2014 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points until the date of payment and the amount of PLN 1,124.19 as the return of the proceeding costs of proceedings;
  10. jointly and severally award from the Defendant to [2 group members]the amount of PLN 7,502.87 with the statutory interest as of 5th July 2012 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 1,396.43   as the return of the proceeding costs of proceedings;
  11. award from the defendant to [1 group member] the amount of PLN 7,502.87 with the statutory interest as of 5th July 2012 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points and the amount of PLN 1,396.43  as the return of the proceeding costs of proceedings;
  12. Award from the defendant to [1 group member] the amount of PLN 13,550.00 with the statutory interest as of 5th July 2012 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points and the amount of PLN 2,423.50  as the return of the proceeding costs of proceedings;
  13. award from the defendant to [1 group member] the amount of PLN 13,550.00 with the statutory interest as of 19th July 2014 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points and the amount of PLN 2,423.50  as the return of the proceeding costs of proceedings;
  14. award from the defendant to [1 group member] the amount of PLN 13,550.00 with the statutory interest as of 19th July 2014 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points and the amount of PLN 2,423.50  as the return of the proceeding costs of proceedings;
  15. award from the defendant to [1 group member] the amount of PLN 19,923.27 with the statutory interest as of 5th July 2012 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points and the amount of PLN 3,507.49  as the return of the proceeding costs of proceedings;
  16. jointly and severally award from the Defendant to [2 group members]the amount of PLN 19,923.27 with the statutory interest as of 19th July 2014 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points until the date of payment and the amount of PLN 3,507.49 as the return of the proceeding costs of proceedings;
  17. jointly and severally award from the Defendant to [2 group members]the amount of PLN 30,000.00 with the statutory interest as of 5th July 2014 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points until the date of payment and the amount of PLN 5,220.00 as the return of the proceeding costs of proceedings;
  18. award from the defendant to [1 group member] the amount of PLN 30,000.00 with the statutory interest as of 5th July 2012 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points and the amount of PLN 5,220.00 as the return of the proceeding costs of proceedings;
  19. jointly and severally award from the Defendant to [2 group members] the amount of PLN 17,234.36 with the statutory interest as of 5th July 2012 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 3,050.15 as the return of the proceeding costs of proceedings;
  20. jointly and severally award from the Defendant to [2 group members] the amount of PLN 17,234.36 with the statutory interest as of 5th July 2012 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 3,050.15 as the return of the proceeding costs of proceedings;
  21. jointly and severally award from the Defendant to [3 group members] the amount of PLN 22,747.84 with the statutory interest on the amount of PLN 19,923.27 as of 5th July 2012 until 31st December 2015 and as of 1st January 2016 with the statutory interests in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and on the amount of PLN 2,824.57 as of 19th July 2014 until 31st December 2015, and as of 1st January 2016 with the statutory interest equal to the sum of the referential rate of the National Polish Bank and 3.5 percentage points until the date of payment and the amount of PLN 3,987.18 as the return of the proceeding costs of proceedings;
  22. jointly and severally award from the Defendant to [2 group members] the amount of PLN 22,747.84 with the statutory interest on the amount of PLN 19,923.27 as of 5th July 2012 until 31st December 2015 and as of 1st January 2016 with the statutory interests in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and on the amount of PLN 2,824.57 as of 19th July 2014 until 31st December 2015, and as of 1st January 2016 with the statutory interest equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points until the date of payment and the amount of PLN 3,987.18 as the return of the proceeding costs of proceedings;
  23. jointly and severally award from the Defendant to [2 group members]the amount of PLN 11,314.42 with the statutory interest as of 19th July 2014 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 2,044.16 as the return of the proceeding costs of proceedings;
  24. award from the defendant to [1 group member] the amount of PLN 11,314.42 with the statutory interest as of 19th July 2014 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points and the amount of PLN 2,044.16 as the return of the proceeding costs of proceedings;
  25. jointly and severally award from the Defendant to [2 group members] the amount of PLN 25,916.96 with the statutory interest as of 19th July 2014 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 4,526.54 as the return of the proceeding costs of proceedings;
  26. jointly and severally award from the Defendant to [2 group members]the amount of PLN 25,916.96 with the statutory interest as of 19th July 2014 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 4,526.54 as the return of the proceeding costs of proceedings;
  27. adjudge to [1 group member] on the part of the defendant the amount of PLN 16,063.55 with the statutory interest on the amount of PLN 13,550.00 as of 5th July 2012 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment, on the amount of PLN 2,513.55 as of 19th July 2014 until 31st December 2015 and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points until the date of payment and the amount of PLN 2,851.53 as the return of the proceeding costs of proceedings;
  28. award from the defendant to [1 group member] the amount of PLN 16,063.55 with the statutory interest as of 19th July 2014 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points and the amount of PLN 2,851.53 as the return of the proceeding costs of proceedings;
  29. award from the defendant to [1 group member]  the amount of PLN 16,063.55 with the statutory interest as of 19th July 2014 until 31st December 2015 and as of 1st January 2016 until the date of payment with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points and the amount of PLN 2,851.53 as the return of the proceeding costs of proceedings;
  30. jointly and severally award from the Defendant to [2 group members]the amount of PLN 4,611.0634,611.06 with the statutory interest on the amount of PLN 30,000.00 as of 5th July 2012 until 31st December 2015, and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment, on the amount of PLN 4,611.06 as of 19th July 2014 until 31st December 2015 and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate  and 3.5 percentage points until the date of payment and the amount of PLN 6.004,66 as the return of the proceeding costs of proceedings;
  31. adjudge to [1 group member] on the part of the defendant the amount of PLN 69.222,12 with the statutory interest as of 19th July 2014 until 31st December 2015 and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 12.009,32 as the return of the proceeding costs of proceedings;
  32. award from the defendant to [1 group member] the amount of PLN 3,048.72 with the statutory interest as of 19th July 2014 until 31st December 2015 and as of 1st January 2016 with the statutory interest in the amount equal to the sum of the National Bank of Poland referential rate and 3.5 percentage points until the date of payment and the amount of PLN 638.30 as the return of the proceeding costs of proceedings;
  33. dismiss the claim of [3 group members].

Decision of the Regional Court in Warsaw 24th Civil Division of 20th April 2016

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  1. It is of no significance from the point of view of a decision on group membership that entities who join the group having concluded agreements on the grounds of different Insurance General Terms and Conditions than entities covered by the statement of claims, or the lack of indication of the Insurance General Terms and Conditions on the grounds of which the agreement was concluded. As mentioned above, everyone, i.e. both heretofore and new members of the group derive their claims from the fact of existence of a contractual clause for the defendant constituting the grounds for collecting a redemption fee. The fact of the existence of such provisions is confirmed by the contents of the agreements concluded by group members with the defendant which indicate the method of calculation of redemption fees, as well as from the documents pertaining to insurance policy settlement after its dissolution. Therefore, the content of provisions questioned by the group members and, what follows, the fact of collection of redemption fees stems directly from the concluded agreements and is similar in relation to all the members.
  2. The only criterion of a subgroup membership is the value of the claim which must be identical for all the subgroup members and must be substantiated by shared circumstances. Since liquidation fees of an approximate value were collected from members of specific subgroups on the grounds of similar or identical agreement provisions, then this issue undoubtedly constitutes the common circumstances of the case which substantiate allocating such entities to one subgroup.
  3. Entities filing declarations on joining the group following a public announcement on commencement of the group proceedings are not limited by the value of pecuniary claims raised by the primary members of the group, and in consequence of these entities having accessed the group, the formation of new subgroups or reorganisation of those already existing is possible.
  4. The defence of limitation of claims of all group members, as well as the charge of the lack of defendant’s enrichment constitute objection as to the merits which may not be considered at the present stage of the proceedings, i.e. at the stage of deciding on the group composition.