Decision of the Regional Court in Warsaw 1st Civil Division of 8th April 2016

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The Regional Court in Warsaw 1stCivil Division with the following ruling bench:

Presiding Judge: Grzegorz Tyliński, Regional Court Judge

Judges: Bożena Chłopecka, Regional Court Judge, Ewa Ligoń-Krawczyk, Regional Court Judge

having examined on 8th April 2016 in Warsaw at a hearing in camera the case filed by P.K. against the State Treasury – Minister for Labour and Social Policy, Social Insurance Institution (ZUS), (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W, (…) a joint-stock company with its registered office in W., (…) a joint-stock company with its registered office in W., (…) a joint stock company with its registered office in W., for a determination,

herby decides to:

I. publish announcements on the opening of group proceedings with the following wording:

“Group proceedings are pending before the Regional Court in Warsaw under file ref. no. I C 599/14 between the representative of the P. K. group and the State Treasury – Minister of Family, Labour and Social Policy, Social Insurance Institution in W.., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., the object of which is to determine invalidity of the legal act of redemption of 51.5% of the units of account recorded as at 31 January 2014 on the accounts of the claimants (members of the group) kept by the Open Pension Funds concerned and the transfer of those assets on 3 February 2014 with the value corresponding to the sum of the value of the redeemed units of the Social Insurance Institution account, acting in the name and on behalf of the Social Insurance Fund, made in execution of the disposition of Article 23 of the Act of 6 December 2013 Amending Certain Acts in Connection with the Determination of the Rules for the Payment of Pensions from Funds Accumulated in Open Pension Funds (Journal of Laws, item 1717) and determination that the State Treasury is liable for damages caused to the claimants by these activities.

Each person, whose claim may be covered by the group proceedings, may join the group by submitting a written statement on joining the group within 3 months from the date of publication of this announcement to the group representative (adw. P. K., Legal Office ul. (…), (…)-(…) W.). The principles of remuneration of a possible group representative’s attorney will be specified in an agreement which may be concluded between the group representative and the attorney. A final judgment announced after considering the case in group proceedings shall be effective towards all the group members.”;

II. request that P.K., the representative of the group, pay the amount of PLN 3,600.00 within two weeks to cover the costs of publishing announcements under pain of enforcement;

III. announcements shall be placed in the (…)newspaper (nationwide edition) and in the (…) daily (nationwide edition).

Decision of the Regional Court in Wrocław 1st Civil Division of 6th April 2016

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The decision was partially reversed by the decision of the Court of Appeals in Wrocław 1st Civil Division of 6th September 2016, file ref. no. I ACz 1945/16.

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

Radosław Nawrocki, Regional Court Judge

Krzysztof Rudnicki, Regional Court Judge

Ewa Rudkowska- Ząbczyk, Regional Court Judge

having examined on 6th April 2016 in Wrocław at the hearing of a class action filed by E. S. acting as a group representative against (…) Bank (…) S.A. in W. for payment,

hereby decides to:

  1. declare the composition of the group consisting in: [11 people];
  2. establish that the following people are not members of the group: [44 people].

The judgements of the Regional Court in Wroclaw published on the website were facilitated by the President of the District Court in Wroclaw in the letter of 27th August 2019. The texts of the judgements were processed by the entity operating this website by adding theses, visual compilation and removing punctuation and literal errors. The judgements have been translated by the entity operating this website.

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Decision of the Regional Court in Warsaw 2nd Civil Division of 24th March 2016

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

Presiding Judge:            Tomasz Wojciechowski, Regional Court Judge

Judges:                            Magdalena Antosiewicz, Regional Court Judge

Katarzyna Waseńczuk, Regional Court Judge

having examined on 24th March 2016 in Warsaw at the hearing in camera the case filed by the Consumer Ombudsman in the City Hall of S., acting as a group representative of the group consisting of [data of 31 group members] against (…) S.A. in W. for declaration,

decided to:

order a one-time publication in the “(…)” daily of the announcement on the commencement of group proceedings with the following content:

The Regional Court in Warsaw 2nd Civil Division hereby announces that the group proceedings with case file no. II C 222/16 are currently pending before that court under the Act of 17 December 2009 on Pursuing Claims in Group Proceedings started by the Consumer Ombudsman in City Hall S. against (…) S.A. for the declaration that:

  • the general terms and conditions of the insurance contract included in the tables of fees and limits stipulated the amount of the liquidation fee to be charged from the group members to the benefit of (…) S.A. in W. in the case of the dissolution of the life insurance contract with insurance capital funds before the lapse of 10 years as of the moment of the conclusion of the agreement for reasons other than death ((…), (…) (…), (…), (…)) should be deemed an abusive clause and do not bind the members of the group;
  • in the case of the dissolution of the life insurance contract with insurance capital funds before the lapse of 10 years as of the moment of the conclusion of the contract for reasons other than death (…) S.A. in W. is obligated to pay each member of the group an amount equal to the amount of the insurance policy decreased by the bay-out fee in the amount stipulated in the table of fees and limits;
  • alternatively, to declare that the premises to declare the life insurance contracts with insurance capital funds concluded between the group members and (…) S.A. in W. are invalid.

The Regional Court informs about the possibility of joining the group proceedings by the persons whose claim might be pursued in such group proceedings, submitting a declaration of intent to join the group within 3 months as of the date on which this announcement was published to the Consumer Ombudsman in the City Hall of S.

[details on calculation of legal fees]

Simultaneously, the Regional Court informs that the judgment issued in the case at hand will be binding towards the group members.

Decision of the Regional Court in Warsaw 1st Civil Division of 21st March 2016

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  1. Filing the motion for obligating the claimant to enter a deposit to secure the costs of the proceedings, the defendant should, firstly, make plausible the fact that the action brought against him is obviously ungrounded or unlikely to be granted and, therefore, it has the characteristics of ‘barratry’ and, secondly, that non-establishing a deposit to secure his future claim for reimbursement of the costs of the proceedings will make enforcing it from the claimant. impossible or difficult.
  2. Acting as a representative of a specific group of consumers, the  Municipal Consumer Ombudsman is a person of public trust, by the authority of the local government handling issues of protection of consumer interests. The Ombudsman’s expenditures constitute an element of a given city’s budget and, hence, in the event of losing a case, the defendant’s costs shall be charged to the city.

Decision of the Regional Court in Piotrków Trybunalski 1st Civil Division of 18th March 2016

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The Regional Court in Piotrków Trybunalski having examined the case of I.G. – as a group representative against The (…) University of Business (Wyższa Szkoła Handlowa)  in P. for payment, during an in camera hearing on 18th March 2016

hereby decides

that the group of people pursuing claims in group proceedings against the (…) University of Business (Wyższa Szkoła Handlowa) with its registered office in P. consists of: (names of group members).

Decision of the Regional Court in Gdańsk 25th Civil Division of 8th March 2016

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The decision has been reversed by the decision of the Court of Appeals in Gdańsk 1st Civil Division of 11th January 2017.

  1. It is the group representative’s duty to: collect the declaration on each person’s claims and to classify which subgroup each person should belong to based on the statements of the persons in which the specific claims were declared. The group representative cannot create the claims which were not to the subject of a declaration and, in such a case, cannot pursue such claims in group proceedings if the claims were not explicitly stated in the declarations on joining the group.
  2. The consequence of the incorrect classification of the person to the subgroup may result in the dismissal of the case.
  3. The group representative’s authorisation to change the classification of the person to the subgroup cannot be considered as possibility to submit new claims on behalf of the persons who join the group which were not stated in the declaration on joining the group.
  4. Persons without full legal capacity (for example children) should be indicated as group members if they enjoy substantive legal capacity to pursue claims. This is because group members are attributed with the title to be authorised in their own name to pursue their own claims against the defendants. Minors should submit a declaration of joining the group. Their statutory representatives (parents) can only represent such a person during the trial, however, without the status of a group member.

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

Presiding Judge:            Urszula Malak, Regional Court Judge

Judges:                            Dorota Kołodziej, Regional Court Judge

Krzysztof Solecki, Regional Court Judge

having examined on 8th March 2016 in Gdańsk during the hearing in case in group proceedings in the case filed by group representative (…) against (…) and (…),

decides to:

  1. establish that subgroup I i.e. the subgroup demanding the awarding of PLN 94.80 to each group member by defendants jointly and severally as the return of undue performance, alternatively – in the event the statement of claims is dismissed in that scope – ascertainment that the group members are not obligated to pay PLN 94.80 to the defendants as the subscription fee for using the services offered by the website www.pobieraczek.pl, consists of: [data of 48 group members];
  2. establish that subgroup III i.e. the subgroup demanding ascertainment that the group members are not obligated to pay PLN 94.80 to the defendants as the subscription fee for using the services offered by the website www.pobieraczek.pl, consists of: [data of 59 group members];
  3. establish that subgroup V i.e. the subgroup demanding the ascertaining that these persons are not obligated to pay PLN 94.80 to the defendants as the subscription fee for using the services offered by the website www.pobieraczek.pl and that they are not obliged to pay the contractual penalty of USD 100 to the defendants for breaching § 6 point 3 of the Usenet Service Provision Terms and Conditions of 16th April 2010 to the defendants, consists of: [data of 482 group members];
  4. dismiss the motion for decision on establishing the composition of the group in the remaining scope.

Judgement of the Regional Court in Warsaw, 3rd Civil Division of 2nd March 2016

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  1. Article 13 (1) of the Act on Pursuing Claims in Group Proceedings does not in any way pertain to the manner of calculating interest rates; it only institutes the lis pendens effect between a group member and the defendant.
  2. Insofar as he introduction into the contract template of a clause providing for a valorization of the price of residential premises is to be deemed inadmissible in itself, nevertheless, it is the lack of a clause providing for a consumer’s right to withdraw from the contract in such a case that makes the abusive clause as a whole. Even a small several percent raise in prices or the building contribution may make it impossible for the consumer to acquire the residential premises being the object of the Financing Agreement.
  3. The sole fact of payment of the valorization amount does not constitute impoverishment in a situation where it is further counted as a due performance, namely the future building contribution. Hence, it is legitimate to recognize the payments on those grounds to have been an advanced delivery of a due performance, which under Article 411 [4] CCP – excludes the possibility of demanding the payment return.

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

Presiding Judge:         Mariusz Solka, Regional Court Judge (rapporteur)

Judges:                         Agnieszka Rafałko, Regional Court Judge, Ewa Jończyk, Regional Court Judge

Having examined on 25th February 2016 in Warsaw the case filed by the Municipal Consumer Ombudsman (…) – the representative of the group and its members:

  1. Subgroup no. 1 – [2 members];
  2. Subgroup no. 2 – [6 members];
  3. Subgroup no. 3 – [3 members];
  4. Subgroup no. 4 – [6 members];
  5. Subgroup no. 5 – [6 members];
  6. Subgroup no. 6 – [2 members];
  7. Subgroup no. 7 – [4 members];
  8. Subgroup no. 8 – [3 members];
  9. Subgroup no. 9 – [2 members];
  10. Subgroup no. 10 – [4 members];

against the Defendant – the Housing Association in (…) for payment

decides

1. to award from the Defendant as penal interest:

  1. (…) the amount of PLN 7,682,99 PLN (seven thousand six hundred eighty two zloty ninety nine grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  2. (…) the amount of PLN 1,958.39 PLN (one thousand nine hundred fifty eight zloty thirty nine grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  3. (…) the amount of PLN 151.92 (one hundred and fifty one zloty ninety two grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of paymentalong with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  4. (…) the amount of PLN 5,254.16 PLN (five thousand two hundred fifty four zloty sixteen grosz) along with the statutory interest on delay counted as of 8th August 2012 until the day of payment,
  5. (…) the amount of PLN 2,056.65 (two thousand fifty six zlotysixty five grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  6. (…) the amount of PLN 1,408.07 (one thousand four hundred eight zloty seven grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of paymentalong with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  7. (…) the amount of PLN 6,471.80 (six thousand four hundred seventy one zloty eighty grosz) along with the statutory interest on delay counted as of 8th August 2012 until the day of payment,
  8. (…) the amount of PLN 1,381.05 (one thousand three hundred eighty one zloty five groszgrosz) along with the statutory interest on delay counted as of 8th August 2012 until the day of payment,
  9. (…) the amount of PLN 708.76 (seven hundred eight zloty seventy six grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  10. (…) the amount of PLN 85.42 (eighty five zloty fourty two grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  11. (…) the amount of 85,41 PLN (eighty five zloty fourty one grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  12. (…) the amount of PLN 4,950.01 (four thousand nine hundred fifty zloty one grosz) along with the statutory interest on delay counted as of 8th August 2012 until the day of payment,
  13. (…) the amount of 1.951,13 PLN (one thousand nine hundred fifty one zloty thirteen grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  14. (…) the amount of PLN 216.39 (two hundred sixteen zloty thirty nine grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  15. (…) the amount of 2.653,26 PLN (two thousand six hundred fifty three zloty twenty six grosz) along with the statutory interest on delay counted as of 8th August 2012 until the day of payment,
  16. (…) the amount of PLN 3,855.62 (three thousand eight hundred fifty five zloty sixty two grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  17. (…) the amount of PLN 24.57 (twenty four zloty fifty seven grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  18. (…) the amount of PLN 12.28 (twelve zloty twenty eight grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,
  19. (…) the amount of PLN 12.28 (twelve zloty twenty eight grosz) along with the statutory interest on delay counted as of 7th August 2012 until the day of payment,

2. to dismiss the action in the remaining scope;

3. to establish that the parties to the dispute bear the costs of the proceeding in the following proportion:

  1. the Claimant is to pay 90 (ninety) %;
  2. the Defendant is to pay 10 (ten) %;

and leave the detailed arrangements to the court referendary `s discretion.

Decision of the Regional Court in Warsaw 25th Civil Division of 8th February 2016

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

Presiding Judge: Krystyna Stawecka, Regional Court Judge

Judges: Anna Błażejczyk, Regional Court Judge; Krystyna Dymek, Regional Court Judge

having examined on 8th February 2016 in Warsaw at the hearing in camera the group action filed by J. K. – the group representative against Bank (…) S.A. in W. for payment,

decides to:

  1. order the announcement on the commencement of group proceedings;
  2. establish the following wording of the announcement on commencement of the 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 J. K. against Bank (…) S.A. in W., case ref. no. XXV C 148/14 were commenced Before the Regional Court in Warsaw 25th Civil Division.

J. K. as the group representative motioned for award of specified amounts of money in favor of each group member. The claims pursued by the group members are claims for compensation arising from tort and the legal basis of the claims is provided by the Article 415 CC, Article 416 CC, and Article 442 CC. The statement of claims indicated that the defendant’s actions may be qualified as a Bank’s tort and/or abetting in causing damage and/or consciously benefitting from the damage caused by another person.

(…)

Each person whose claim may be included within this class action may join the case by submitting a written declaration on joining the group within the non-extendable period of 2 months from the date of notification of the announcement and by serving the declaration on to the group representative – J. K., address for service: Ł. G., attorney-at-law, T. P., legal counsel, and A. K., legal counsel (…) P. G. L. G. sp. k., ul. (…), (…)-(…) K.

After the lapse of the abovementioned deadline, joining the group is inadmissible’.

Decision of the Regional Court in Warsaw 3rd Civil Division of 2nd February 2016

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  1. For assessing whether consumers’ claims are based on a similar factual basis, the potential disposal to other individuals by consumers who previously purchased tickets, is of no significance. This is because all consumers indicated in the statement of claims as buyers of the tickets – parties to an obligational relationship binding them with the defendants, are entitled to the claims for payment on the grounds of previously purchased tickets. The factual basis of pursued claims is therefore similar and it results from a single event, i.e. purchasing of tickets and participation in a sports event organised by the defendant.
  2. The entry in an appropriate register of entrepreneurs is of no significance for assessing whether a given entity conducts a business activity. Neither it is of significance for such an assessment the allocation of income obtained from the above-mentioned activity. The fact that the defendant operates in the legal form of an association does in no way exclude a possibility of conducting a business activity, particularly one that generates profit.

Decision of the Regional Court in Gdańsk 1st Civil Division of 1st December 2015

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  1. The institution of the security for costs of the case in a class action is of a facultative nature and the possibility of obligating the Claimant to secure the costs, within the meaning of Article 8(1) of the Act on Pursuing Claims in Group Proceedings falls within the Court’s competence.
  2. The defendant who files a motion for obligating the claimant to make a deposit to secure the costs of the proceedings, should make plausible, firstly, that the claims pursued against the defendant are obviously unfounded or that the statement of claims is unlikely to be allowed, therefore has the characteristics of litigiousness. Secondly, the defendant should make plausible that the lack of the deposit to secure the future claim for the reimbursement of costs of the proceedings will make the execution of the costs from the adversary party impossible or significantly more difficult.

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 , Krzysztof Koczyk, District Court Judge

having examined on 1st December 2015 in Gdańsk at the hearing in camera the case filed by (…) in Szczecinek acting as a Group Representative against Bank B. S.A. with its registered office in Gdańsk for the establishment on the Defendant’s motion for ordering the Claimant to secure the costs of the litigation

hereby decides to:

dismiss the motion.