Decision of the Regional Court in Kraków, 1st Civil Division, dated 5th October 2015

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The Regional Court in Kraków, 1st Civil Division, composed of:

Presiding Judge:            Kamil Grzesik, Regional Court Judge

Judges:                            Marta Woźniak, Regional Court Judge;

Wojciech Żukowski, Regional Court Judge

having examined on 5th October 2015, in Kraków, at a hearing, the case brought by W.G., representative of a group consisting of [data of 14 group members] against W.N. for payment,

decides to:

  1. discontinue the proceedings in regard to W.B.,
  2. declare that the group consists of: [data of 13 group members].

Decision of the Regional Court in Kraków, 1st Civil Division, dated 28th June 2013

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The Regional Court in Kraków, 1st Civil Division, composed of:

Presiding Judge:                     Kamil Grzesik, Regional Court Judge

Judges:                                      Marta Woźniak, Regional Court Judge;

Wojciech Żukowski, District Court Judge (delegated)

having examined on 28th June 2013, at a hearing, the case brought by W.G., representative of a group consisting of [data of 14 group members] against W.N. for payment

decides to:

  1. oblige W.G. to submit, within 1 month from the date of this ruling becoming final, a deposit in the amount of PLN 10,425.00 (ten thousand four hundred and twenty-five) to secure the costs of the proceedings,
  2. hear the case in group proceedings.

Decision of the Regional Court in Opole, 1st Civil Division, dated 14th October 2019

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The Regional Court in Opole, 1st Civil Division, composed of:

Presiding Judge:            Bogusław Kamiński, Regional Court Judge

Judges:                            Katarzyna Waszczuk, Regional Court Judge;

Izabela Bogusz, Regional Court Judge

having examined on 14th October 2019, at a hearing, the case brought by [data of 35 group members] against (…) LLC with its registered office in O. for payment,

decides to:

declare that group proceedings in this case are admissible.

ecision of the Regional Court in Opole, 1st Civil Division, dated 23rd October 2019

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The Regional Court in Opole, 1st Civil Division, composed of:

Presiding Judge:          Bogusław Kamiński, Regional Court Judge

Judges:                           Katarzyna Waszczuk, Regional Court Judge;

Izabela Bogusz, Regional Court Judge

having examined on 23rd October 2019, in Opole, at a session in camera, the case brought by [data of 35 group members] against (…) LLC with its registered office in O. for payment,

decides to:

correct the decision of 14th October 2019 by adding to line 10 from the top, after the words “A.S.” the following: “[data of 34 members of the group]”.

Decision of the Regional Court in Katowice, 1st Civil Division, dated 18th June 2020

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  1. In light of Article 12, sentence 2 of the Act on Pursuing Claims in Group Proceedings, it is necessary to specify the deadline by which the claimant is required to prepare and submit to the court a list of persons who have joined the group action. For such a list to be effective, it is important that the statements of joining the group, which are attached to the list, are submitted within the time limit set by the court.
  2. The main purpose of dividing into groups or subgroups is to standardize claims and facilitate the pursuit of monetary claims. However, it is not possible to standardize a single claim. Standardization of claims is only possible when there are at least two claims. Furthermore, it is not permissible to create a subgroup for two persons who are jointly entitled to a single claim.

 

The Regional Court in Katowice, 1st Civil Division, composed of:

Presiding Judge:           Krzysztof Żyłka, Regional Court Judge

Judges:                           Agata Młynarczyk-Śmieja, Regional Court Judge;

Katarzyna Zadora, District Court Judge (delegated)

having examined on 18th June 2020, in Katowice, at a session in camera, the case brought by J. D., acting as the representative of a group of thirty-three persons, i.e. [data of 32 members of the group], who is also a member of the group against (…) Limited Liability Company Limited Partnership in Ś. for payment, regarding the complaint of the plaintiffs’ attorney of 1st June 2020,

decides to:

  1. repeal under Article 395 § 2 of the Code of Civil Procedure the decision of 6th February 2020 in part, i.e. in terms of points 1 and 2;
  2. determine the composition of subgroups, which include the following persons:

– Subgroup 1: [data of 10 group members];

– Subgroup 2: [data of 7 group members];

– Subgroup 3: [data of 11 group members];

– Subgroup 4: [data of 6 group members];

– Subgroup 5: [data of 5 group members];

– Subgroup 6: [data of 4 group members];

– Subgroup 7: [data of 6 group members].

Decision of the Regional Court in Warsaw, 25th Civil Division, dated 6th May 2019

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The Regional Court in Warsaw, 25th Civil Division, composed of:

Presiding Judge:           Piotr Bednarczyk, Regional Court Judge

Judges:                           Anna Błażejczyk, Regional Court Judge;

Paweł Duda, Regional Court Judge

having examined on 6th May 2019, in Warsaw, at a session in camera, the case brought by M. P. as representative of the group against Bank (…) JSC with its registered office in W. (…) Bank (…) in C. Bank (…) in S. W. Bank (…) with its registered office in J. for a determination,

decides

pursuant to Article 359 § 1 of the Code of Civil Procedure, to amend point 2 of the decision of 18th  December 2018, regarding the announcement of the initiation of group proceedings in such a way that in place of the previous attorney of the representative of the group, M. P., “legal counsel V. P., Legal Counsel’s Office, st. (…) (…)-(…) K.” enter data of the current attorney “legal counsel K. L., st. (…) (…)-(…) K.”.

Decision of the Regional Court in Warsaw, 1st Civil Division, dated 13th December 2021

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The Regional Court in Warsaw, 1st Civil Division, composed of:

Presiding Judge: Piotr Królikowski, Regional Court Judge

having examined on 13th December 2021, in Warsaw, at a session in camera, the case brought by M. P. against Bank (…) JSC with its registered office in W., (…) (…) in C., (…) in S., (…) with its registered office in J., for a declaration,

decides to:

pursuant to Article 17 Section 1 of the Act of 17th December 2009 on Pursuing Claims in Group Proceedings, determine that the group represented by M. P. consists of the following persons: [data of group members].

Decision of the Regional Court in Warsaw, 25th Civil Division, dated 18th December 2018

Written by

The Regional Court in Warsaw, 25th Civil Division, composed of:

Presiding Judge:            Piotr Bednarczyk, Regional Court Judge

Judges:                            Anna Błażejczyk, Regional Court Judge;

Paweł Duda, Regional Court Judge

having examined on 18th December 2018, in Warsaw, at a session in camera, the case brought by M. P. as representative of the group against Bank (…) JSC with its registered office in W. (…) Bank (…) in C. Bank (…) in S. W. Bank (…) with its registered office in J. for a determination,

decides to:

  1. order the announcement of the initiation of group proceedings;
  2. give the announcement of the initiation of group proceedings the following content:

Before the Regional Court in Warsaw, 25th Civil Division, group proceedings were initiated pursuant to the Act of 17th December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2010, No. 7, item 44) on the basis of a claim brought by M. P. against Bank (…) JSC with its registered office in W., (…) Bank (…) in C., Bank (…) in S. and W. Bank (…) with its registered office in J., pending under file reference number XXV C 843/17.

M. P., as the representative of the group, requested that the defendant Banks be held jointly and severally liable for the damage caused to the claimant and the members of the group in connection with the conclusion of a contract in violation of the provisions of the Act of 29th August 1997 – Banking Law in the scope of determining creditworthiness:

1) by (…) Bank (…) in C. in the case of loan agreement No. (…) of 18th September 2013, and loan agreement No. (…) of 28th May 2014,

2) by Bank (…) in S. in the case of loan agreement no. (…) of 19th March 2014, amended by Annex no. (…) of 14th May 2014, and then by Annex no. (…) of 14th August 2015,

3) by Bank (…) S.A. with its registered office in W.,

4) and W. Bank (…) with its registered office in J. in the case of loan agreement No. (…) of 25th October 011, constituting an integral part of bank consortium agreement No. (…) of 25th October 2011,

concluded with I. S., conducting business activity under the name (…) in liquidation bankruptcy, which led to an excessive burden on the assets of I. S. and prevented him from settling his previously incurred liabilities towards the purchasers of holiday and residential premises in the Hotel (…) in O..

Any person whose claim may be covered by this group action may join the case by submitting a written statement of joining the group within a strict deadline of two months from the date of publication of this announcement and sending it to the group representative – M. P., to the address of his legal representative, legal counsel V. P., Legal Counsel’s Office, st. (…) (…)-(…) K..

Joining the group after the above deadline is not permitted.

Submitting a statement of joining the group is tantamount to consenting to M. P. acting as the group’s representative and to the rules of remuneration of the representative.

The rules for the remuneration of the representative, as current remuneration and for the so-called (…) are specified in the agreement of 16th February 2017, for the provision of legal assistance and are as follows:

A. Current remuneration:

  • for the first instance, PLN 1,845 gross from each member of the group, payable within 7 days of signing the Agreement,
  • for the second instance, PLN 922.50 gross from each member of the group, payable to the Law Office within 7 days of filing the appeal or response to the appeal,
  • for proceedings before the Supreme Court, PLN 922.50 gross from each member of the group, payable within 7 days of filing the appeal in cassation or response to the appeal in cassation;

B. remuneration for “Success” – 10% of the value actually obtained (enforced) in the course of or as a result of the proceedings, including through the conclusion of a settlement by a given member of the group. The amount calculated in this way includes VAT at the rate applicable on the date of issue of the invoice.

3. The announcement referred to in points 1 and 2 shall be published in the newspaper (…) – Announcements page.

Judgment of the Regional Court in Wrocław, 1st Civil Division, of 25th May 2023

Written by

  1. It is generally accepted in case law and doctrine that a legal interest within the meaning of Article 189 of the Code of Civil Procedure exists when there is uncertainty as to the legal status or law, giving rise to a need for legal protection. This uncertainty must be objective in nature, i.e., it must exist on the basis of a reasonable assessment of the situation in which the claimant brings such an action. Therefore, legal interest in a claim for determination of a legal relationship or right cannot be questioned when it is relevant to both current and future possible, but objectively probable, legal relationships and rights or the legal situation of the entity bringing the claim. On the other hand, the absence of such an interest can be said to exist both when the claimant has no need to establish a right or legal relationship, and when he can fully protect his rights in a simpler and easier way, e.g. in proceedings for the performance or shaping of a right or legal relationship.
  2. The concept of “conditions for changing the interest rate” within the meaning of Article 69 Section 2 of the Banking Law should be understood in such a way that the content of the agreement allows for a precise determination of when the interest rate should increase and when it should decrease.
  3. The extent to which the party exercised the rights resulting from the prohibited contractual provisions is irrelevant to the resolution of the case. This is because the invalidity of contractual provisions has an ex tunc effect and is enforceable by law, and therefore the manner in which they are exercised is irrelevant.
  4. The method of determining the interest rate, which caused that the borrower was, in fact, entirely dependent on the creditor’s decision, and the creditor himself largely determined the level of the benefit due to him, is contrary to the nature of the contractual relationship and, consequently, invalid. The consequence of this invalidity is the invalidity of the entire agreement. Without specifying the conditions for changing the interest rate, the entire variable-rate loan agreement is invalid.
  5. The interest rate on a loan is one of the essential elements (essentialia negotii) of a loan agreement provided for in Article 69 Section 1 of the Banking Law. The elimination of such a provision means that the loan agreement loses its character and, as a consequence, is invalid.
  6. The assessment of the agreement from the point of view of prohibited clauses is made according to the status at the time of conclusion of the agreement. It is therefore not possible to effectively amend an agreement that has been invalid since its conclusion.
  7. The issue of choosing a loan indexed to a foreign currency does not itself mean that a specific indexation mechanism has been individually negotiated.
  8. The risk of exchange rate volatility is one thing, but the arbitrary setting of exchange rates by the bank’s management, which clearly affects the consumer’s situation, is another. On the other hand, specifying the conditions for determining the exchange rate at which the loan is to be repaid according to the selling rate applicable at the National Bank of Poland cannot be considered an abusive provision. The latter is an objective criterion, independent of both parties to the legal relationship resulting from the agreements concluded between them.

the Regional Court in Wrocław, 1st Civil Department, composed of:

Presiding Judge:            Adam Maciński, Regional Court Judge

Judges:                            Aneta Fiałkowska – Sobczyk, Regional Court Judge;

Sławomir Urbaniak, Regional Court Judge

having examined on 25th May 2023 in Wrocław, at a session in camera, a case brought by [data of 55 group members] against (…) Bank JSC with its registered office in W. to determine,

  1. dismisses the main claim;
  2. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 23rd December 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  3. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 17th February 2006, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W.;
  4. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 14th June 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC its registered office in W.;
  5. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 24th June 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  6. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 17th January 2006, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W.;
  7. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 11th March 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  8. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 27th January 2006, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W.;
  9. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 17th January 2006, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W.;
  10. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 3rd October 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  11. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 25th July 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  12. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 21st October 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  13. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 29th June 2005, concluded between [data of 4 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  14. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 15th July 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  15. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 10th November 2004, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  16. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 7th October 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  17. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 5th January 2006, concluded between [data of 1 group member] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  18. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 28th September 2005, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  19. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 14th June 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  20. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 19th July 2005, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  21. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 14th October 2004, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  22. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 19th January 2006, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W.;
  23. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 7th December 2005, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  24. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 23rd November 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  25. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 12th July 2005, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  26. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 4th November 2004, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  27. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 7th April 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  28. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 22nd September 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  29. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 21st July 2005, concluded between [data of 3 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  30. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 23rd May 2005, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  31. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 11th January 2006, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  32. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 19th August 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  33. awards from the defendant PLN 319.34 in favor of each of the plaintiffs as reimbursement of the costs of the proceedings.

Decision of the Regional Court in Warsaw, 1st Civil Division, dated 16th January 2024

Written by

The Regional Court in Warsaw, 1st Civil Division, composed of:

Presiding Judge:            Piotr Królikowski, Regional Court Judge (Judge – Rapporteur)

Judges:                            Ewa Ligoń-Krawczyk, Regional Court Judge;

Agnieszka Onichimowska, Regional Court Judge

having examined on 16th January 2024, in Warsaw, at a session in camera, the case brought by the Financial Ombudsman representing a group consisting of: [data of 13 persons] against (…) Branch in Poland with its registered office in G. for a determination

decides to:

reject the statement of claim.