Decision of the Regional Court in Warsaw 24th Civil Division of 5th March 2015

Written by

The decision was reversed by the decision of the Regional Court in Warsaw 24th Civil Division dated 2nd April 2015, file ref. no. XXIV C 554/14.

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

Presiding Judge:         Paweł Pyzio, Regional Court Judge

Judges:                         Agnieszka Bedyńska,  Regional Court Judge, Jacek Tyszka, Regional Court Judge

having examined on 5th March 2015 in Warsaw the case filed by the Poviat Consumer Ombudsman (…) against (…) joint stock company with the registered office in W. for payment,

decides to

  1. order the following announcement in newspaper (…):
  2. ’ANNOUNCEMENT ON COMMENCEMENT OF GROUP PROCEEDINGS
  3. Under the Act of 17th December 2009 on Pursuing Claims in Group Proceedings, the proceedings are pending before the Regional Court in Warsaw, 24th Civil Division. The case was initiated by the Poviat Consumer Ombudsman in the Poviat of (…) against (…) joint stock company in W., file ref. no. XXIV C 554/14. Currently, the action is participated in by 28 members of the group whereas the value of the dispute amounts to PLN 470,435.69 .
  4. The Poviat Consumer Ombudsman in the Poviat of (…) as the group representative filed a statement of claims on behalf of group members against (…) joint stock company with registered office in W. for the return by the Defendant of the amounts collected thereby from the group members on the basis of unlawful contractual clauses in life insurance contracts with the capital insurance fund with statutory interests accrued as of 8th May 2014 until the date of payment.

(…)’

Decision of the Regional Court in Warsaw 1st Civil Division of 4th March 2015

Written by

  1. Fulfilling the precondition of the homogeneity of claims pursued by members of the group in principle requires all claimants (members of the group) to request the granting of legal protection in the same form, and therefore it requires all claimants to raise the same demand. Thus, it is fitting to draw attention to the fact that in the assessment of the Court of Appeals in this composition, homogeneity of claims mentioned in Article 1.1 of the Act on Pursuing Claims in Group Proceedings undoubtedly refers to procedural claims whereas not to substantive law claims. The legislator did not at all make the possibility of pursuing a claim in group proceedings dependent on its being based on the same substantive law basis.
  2. The legislator did not rule out a possibility of pursuing more than one claim in group proceedings. Therefore, in this situation, the appropriate application of Article 191 of the Code of Civil Procedure in such proceedings must be recognised as admissible.
  3. The legislator’s unquestionable intention was to facilitate (and not render more difficult) pursuing claims by consumers or parties who sustained damage in connection with a hazardous product or tort. Thus, the interpretation of the provisions of the Act on Pursuing Claims in Group Proceedings should be carried out in such a manner as to render pursuing such claims easier for group members.

Decision of the Regional Court in Warsaw 3rd Civil Division of 17th February 2015

Written by

  1. Members of a housing association are consumers in the scope of the legal relations between them and the housing association resulting from agreements and bylaws containing illicit contract clauses.
  2. In spite of the fact that only one of the spouses made payments, the other of them is entitled to demand a return of interests on the paid amounts of valorization or a return of penal interests on unduly collected performance (valorization amounts).
  3. The housing association cannot refuse to admit a purchaser of the expectancy right to ownership of a separate residential unit as a member to the housing association.

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

The Chairman:                          Mariusz Solka, Regional Court Judge (rapporteur)

The Judges:                               Agnieszka Rafałko, Regional Court Judge, Ewa Jończyk, District Court Judge (delegated)

having examined on 17th February 2015 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 in re of establishing the composition of the group pursuant to Article 17 (1) of the Act on Pursuing Claims in Group Proceedings,

decides to:

under Article 17 (1) of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings, establish the composition of the group represented by the Municipal Consumer Ombudsman as follows:

1) subgroup no. I: [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].

Decision of the Regional Court in Wrocław 1st Civil Division of 14th January 2015

Written by

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

Izabela Baca, Regional Court Judge

Piotr Jarmundowicz, Regional Court Judge

Krzysztof Rudnicki, Regional Court Judge

having examined on 14th January 2015 in Wrocław at the hearing in camera in the class action filed by E. S. acting as a group representative against (…) Bank (…) S.A. in W. for payment,

hereby decides to:

order the announcement on the commencement of group proceedings.

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.

The authority obliged to provide public sector information is not responsible for its processing, further sharing and use.

The decision of the Regional Court in Wrocław 1st Civil Division of 7th January 2015

Written by

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

Presiding Judge:   Aneta Fiałkowska-Sobczyk, Regional Court Judge

Judges:                  Sławomir Urbaniak, Regional Court Judge,  Marcin Śmigiel, Regional Court Judge

having examined on 7th January 2015 in Wrocław at the hearing in camera the case filed by (…) against (…) limited liability company (…) (…)  limited joint-stock partnership with its registered office in W. for payment

hereby decides to:

determine that the group in the case includes: [23 group members].

The judgements of the Regional Court in Wroclaw published on the website were facilitated by the President of the District Court in Wroclaw in 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.

The authority obliged to provide public sector information is not responsible for its processing, further sharing and use.

Decision of the Regional Court in Warsaw 1st Civil Division of 17th December 2014

Written by

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

Presiding Judge: Grzegorz Tyliński, Regional Court Judge,  Bożena Chłopecka, Regional Court Judge, Ewa Ligoń-Krawczyk, Regional Court Judge

having examined on 17th December 2014 in Warsaw at a hearing the case filed by P.K. against the State Treasury – the Minister for Labour, Employment and Social Policy, and against the Social Insurance Institution in W., (…) Ltd in W., (…) Ltd in W., (…) Ltd in W., (…) Ltd in W. in liquidation, (…) Ltd in W., (…) Ltd in W., (…) Ltd in W. for determination

hereby decides to:

  1. discontinue the proceedings in part – against (…) Ltd in W. in liquidation;
  2. dismiss the motion to obligate the Claimant to submit a deposit for securing the costs of the proceedings.

Decision of the Regional Court in Płock 1st Civil Division of 11th December 2014

Written by

  1. The legislator did not indicate the criteria to be followed by the Court in the assessing the legitimacy of the motion for securing the costs of the trial. At the same time, he vested this institution with a facultative nature. Hence, it is fitting to bear in mind that on the one hand, the institution of the deposit serves to protect the defendant’s interests and is to counteract abusive actions. On the other hand, it may not limit the possibility to pursue claims in group proceedings by obligating the group representative to pay at the initial stage of the trial, a part of the predicted costs thereof in the event of losing the case. Moreover, it is also fitting to adhere to the principle of equal treatment of parties.

 

Decision of the Regional Court in Warsaw 21st Labour Division of 28th November 2014

Written by

  1. Claims concerning adjustment of salaries for inflation do not fit within the catalogue of claims, the pursuit of which is admissible in group proceedings, under Article 1.2 of the Act of 17 December 2009 on Pursing Claims in Group Proceedings. Potential underestimation of the salary related to the failure to adjust it should therefore be the subject of a dispute for remuneration. There is no need to refer to tortious liability.

The decision was reversed by the decision of the Court of Appeals in Warsaw of 26th August 2015, file ref. no. III APz 25/15.

Decision of the Regional Court in Piotrków Trybunalski 1st Civil Division of 20th November 2014

Written by

  1. A definition of a consumer included in Article 221 of the Civil Code, combines the subjective and objective criterion, indicating that only a natural person in a legal situation consisting in performing an act in law aimed at bearing a legal effect in its relationship with an entrepreneur may be considered a consumer. This provision should be understood as limiting the notion of a consumer only to the relationships between a natural person and an entrepreneur.
  2. A non-public school of higher education should be treated as an entrepreneur whereas a student in a relationship with a non-public school is entitled to the status of a consumer.

Decision of the Regional Court in Płock 1st Civil Division of 13th November 2014

Written by

  1. In the Court’s assessment: [personal details of all members of the group] have complied with all requirements entitling them to appear in the present case in the capacity of members of the group.
  2. In May 2010, each of the mentioned parties owned property (movable or immovable) on the area flooded with flood waters and, in connection with the flooding in May 2010 and June 2010, suffered damages to property. Whereby, (…) – as a legal successor, by way of inheritance after the husband (…). All parties submitted declarations compliant with Article 6.2 of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings, i.e. they indicated the demand raised, the circumstances substantiating the demand, group membership, and evidence.
  3. All the claims raised by the above-mentioned parties are claims of the same type in the meaning of Article 1.1 of the aforementioned Act – for the establishment of joint and several liability of the defendants in the case for the repair of the damage caused in the outcome of the defendants’ tort, which is comprised of the defendants’ negligence in the scope of their flood protection duties, which had jointly contributed to the failure of the flood bank located along the left bank of the Wisła River, 611th km of the Wisła River, in the locality of Świniary, Słubice municipality, Plock district, on 23 May 2010, and subsequently two-time flooding, in May and June 2010, of the terrain located on the left bank of the Wisła River in the Iłowsko-Dobrzykowska Valley area. Hence they are based on the same factual basis.