Judgment of the Regional Court in Wrocław, 1st Civil Division, dated 26th November 2021

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  1. The provisions of Article 5 of the Act on Pursuing Claims in Group Proceedings do not contain “separate provisions” on the principles of reimbursement of costs of the proceedings, and therefore it is impossible to oblige the defendant under them to reimburse the plaintiff for costs of the proceedings so significantly exceeding the amount of the minimum rates of attorney at law and legal counsel fees. The possible adoption of a different concept would have to result in a violation of the principle of equality of parties, because if the claim was dismissed, the defendant would remain entitled to reimbursement of the costs of legal representation only in the amount resulting from the applicable minimum rates of fees for the activities of attorneys at law and legal counsels.

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

Presiding judge: Dominika Romanowska, Regional Court Judge

having examined at a session in camera on 26th November 2021 in Wrocław the case brought by M.G. as a representative of a group, consisting of: [data of 21 group members] against (…) LLC LP with its registered office in I. for payment,

  1. order the defendant (…) LLC LP based in I. to pay in favor of:
    i. B. (1) and M. W. the amounts of PLN 5,670.00 (five thousand six hundred and seventy zlotys) each,
    ii. G. and J. W. the amounts of PLN 5,215 (five thousand two hundred and fifteen zlotys) each,
    iii. J., A. R. and A. B. (1) amounts of PLN 4,778.50 each (four thousand seven hundred and seventy-eight zlotys fifty cents),
    iv. B. (2) and A. B. (2) a total of PLN 5,171.00 (five thousand one hundred and seventy-one zlotys),
    v. G. and D. G. a total of PLN 5,678.50 (five thousand six hundred and seventy-eight zlotys fifty cents),
    vi. Ł. P. and M. L. a total of PLN 5,461.00 (five thousand four hundred and sixty-one zlotys),
    vii. M. and F. M. total amount of PLN 5,913.00 (five thousand nine hundred and thirteen zlotys),
    viii. M. and P. M. a total of PLN 5,163.50 (five thousand one hundred and sixty-three zlotys fifty cents),
    ix. N. (1) and M. N. (2) a total of PLN 4,778.50 (four thousand seven hundred and seventy-eight zlotys fifty cents),
    x. S. (1) and K. S. a total of PLN 5,829.00 (five thousand eight hundred and twenty-nine zlotys);
  2. dismisses further claims;
  3. orders the defendant (…) LLC LP with its seat in I. to pay in favor of the representative of the group – plaintiff M. G. PLN 1,973.50 of costs of the trial;
  4. orders the defendant (…) LLC LP with its registered office in I. and the representative of the group – the plaintiff M. G. – to pay in favor of the State Treasury – the Regional Court in Wrocław – PLN 311.80 each as reimbursement of expenses temporarily incurred by the State Treasury.

 

Decision of the Regional Court in Wrocław, 1st Civil Division, dated 31st March 2023

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  1. The defendant’s objections to group membership should focus on demonstrating that a specific person cannot obtain group member status. The allegations should indicate that the claim of a specific person does not exhibit the characteristics of a specific group, or that the claim of a specific person(s) does not exhibit a factual connection with the claims of other persons, or that the claim of a specific person is not of the same type as the group claim. Importantly, however, the defendant’s assertions, in accordance with generally applicable procedural rules, must be duly demonstrated by the submission of relevant evidence.
  2. Necessary joint participation occurs in a situation where the claim for determining the invalidity of the contract is the subject of the lawsuit, and then the participation of all borrowers is required. Since the claim to determine the invalidity of a legal act is an indivisible claim in this regard, all borrowers should appear in the case. In the present case, the claim concerns the determination of the defendant’s liability for the use of prohibited provisions in the contract. The fact of establishing that such provisions are in the contract will not affect the situation of the other borrowers. This circumstance will not deprive them of the opportunity to bring their own action. The same applies to those who have been denied participation in the group by the court and remain co-borrowers as to those who are members in the group.

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

Presiding judge:             Rafał Cieszyński, Regional Court Judge

having recognized at a session in camera on 31st March 2023 in Wrocław the case brought by the Municipal Consumer Ombudsman in (…) W. (representative of the group) against (…) Bank (…) JSC with its seat in W. for determination,

decides:

determine that the group in the case under consideration consists of:

[data of 581 persons].

Decision of the Regional Court of Warsaw, 3rd Civil Division, dated 16th June 2016

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  1. The view that the arranging of the claims of group members into subgroups is opposed by the nature of these claims should be deemed unconvincing: the fact that they are due to co-owners and are related to their shares in co-ownership. Such unification is not explicitly prohibited by the provisions of the Act on Pursuing Claims in Group Proceedings.
  2. A necessary prerequisite for the recognition of a claim as a consumer protection claim is that the consumer seeks protection in relations with a professional entity (entrepreneur). Thus, the existence of a consumer-entrepreneur relationship is necessary. In addition, in order to speak of a claim for protection, an additional element is also necessary, because intentionally the legislator used the term “consumer protection claims” and not the term “consumer claims”.

The Regional Court in Warsaw, 3rd Civil Division, composed of:

Presiding judge:            Joanna Bitner, Regional Court Judge

Judges:                            Joanna Korzeń, Regional Court Judge;

Joanna Kruczkowska, Regional Court Judge

having recognized at a hearing on 19th May 2016 in Warsaw a case brought by M. D. (1) as a representative of the group against (…) LLC in K. for payment

decides:

  1. terminate the proceedings as to the amount that was to be paid to the former group member J. M. (1) (formerly (…);
  2. refuse to reject the lawsuit;
  3. hear the case in a group proceeding;
  4. dismiss the motion of the defendant (…) LLC in Kolonia L. to oblige the plaintiff to make a deposit to secure the costs of the trial.

Judgment of the District Court of Warsaw, 1st Civil Division, dated May 24, 2022

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  1. Given the nature and purpose of the proceedings, which are conducted under the provisions of the Act of 17th December 2009 on Pursuing Claims in Group Proceedings, it is unnecessary to make findings beyond the facts (factual circumstances) common to all members of the group. In particular, it is superfluous to establish facts individualizing the factual and legal situation of each group member separately. Since the premise determining the effective commencement of proceedings under the said procedure is the fact that the parties in the substantive legal sense (members of the group) are pursuing claims of a single type, based on the same or similar factual basis, everything that goes beyond the indicated iunctim is not within the limits of the examination of the case set by the purpose of the cited act (its ratio legis).

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

Presiding judge:           Andrzej Kuryłek, Regional Court Judge

Judges:                          Tadeusz Bulanda, Regional Court Judge;

Agnieszka Sidor-Leszczyńska, Regional Court Judge

having recognized on 24th May 2022 in Warsaw, at a session in camera, a case brought by [data of group members] against Bank (…) JSC with its registered office in W. with the participation of the Ombudsman for determination:

  1. dismisses the claim;
  2. does not charge the plaintiff with the obligation to reimburse the defendant for the costs of the trial.

Judgment of the Regional Court in Opole, 1st Civil Division, dated 5th September 2022

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  1. The subject matter of the dispute in a group proceeding is the sum of the individual claims of individual plaintiffs – members of the group, of one type, based on identical factual and legal grounds.
  2. The legitimacy of conducting a trial under the group procedure is decided by a separate decision.

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

Presiding judge: Marcin Ilków, District Court Judge (delegated)

I. award from the defendant (…) LLC with its registered office in O. in favor of:

having recognized on 5th September 2022 in Opole, at a session in camera, the case brought by E. L. (1), P. L., B. N. (1), P. N. (1), A. W. (1), T. W. (1), E. M. (1), J. M. (1), S. W. (1), E. W. (1), S. W. (2), B. W. (1), K. S. (1), M. S. (1), Z. S. (1), M. K. (1), S. S. (1), A. P. (1), R. S. (1), A. O. and D. K. v. (…) LLC with its registered office in O. for payment

a. L. (1) the amount of PLN 8,044 (eight thousand forty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
b. L. the amount of PLN 8,044 (eight thousand forty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
c. N. (1) the amount of PLN 7,484 (seven thousand four hundred and eighty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
d. N. (1) the amount of PLN 7,484 (seven thousand four hundred and eighty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
e. W. (1) the amount of PLN 9,431 (nine thousand four hundred and thirty-one zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
f. W. (1) the amount of PLN 9,431 (nine thousand four hundred and thirty-one zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
g. M. (1) the amount of PLN 8,284 (eight thousand two hundred and eighty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
h. M. (1) the amount of PLN 8,284 (eight thousand two hundred and eighty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
i. W. (1) the amount of PLN 7,524 (seven thousand five hundred and twenty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
j. W. (1) the amount of PLN 7,524 (seven thousand five hundred and twenty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
k. W. (2) the amount of PLN 7,524 (seven thousand five hundred and twenty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
l. W. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
m. S. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
n. S. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
o. S. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
p. K. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
q. S. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
r. P. (1) the amount of PLN 8,614 (eight thousand six hundred and fourteen zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
s. S. (1) the amount of PLN 8,614 (eight thousand six hundred and fourteen zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
t. O. the amount of PLN 7,424 (seven thousand four hundred and twenty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;
u. K. the amount of PLN 7,424 (seven thousand four hundred and twenty-four zlotys) with statutory interest for delay calculated from 21st April 2018 until the date of payment;

II. awards from the defendant (…) LLC with its registered office in O. in favor of the plaintiffs, to the hands of the group representative E. L. (1), the amount of PLN 39,638.78 (thirty-nine thousand six hundred and thirty-eight zlotys 78/100) for reimbursement of costs of the proceedings, including the amount of PLN 28,413 (twenty-eight thousand four hundred and thirteen zlotys) for reimbursement of legal representation costs, with statutory interest for delay calculated from the date of the judgment becoming final until the date of payment.

Order of the District Court in Opole, 1st Civil Division, dated February 27, 2019

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  1. Group proceedings in cases for monetary claims are allowed only if the amount of the claim of each member of the group has been unified by equalizing the amount of the claim pursued by the members of the group or subgroup. Unification of the claims of members may take place in subgroups of at least 2 persons.
  2. The court shall decide on the admissibility of the group proceeding and reject the lawsuit if the case is not subject to examination in the group proceedings. Otherwise, the court shall issue a decision to hear the case in group proceedings.

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

Presiding judge:            Bogusław Kamiński, Regional Court Judge

Judges:                            Marta Kulpa, Regional Court Judge;

Beata Hetmańczyk, Regional Court Judge

having recognized on 27th February 2019 in Opole at a hearing the case brought by P. L., P. N., T. W., J. M., S. W. (1), S. W. (2), B. W., Z. S., S. S, R. S., D. K., E. L., B. N., A. W., E. M., E. W., K. S., M. S., M. K., A. P., A. O. (1) v. (…) LLC with its registered office in O. for payment decides to:

recognize the case in group proceedings.

Decision of the Regional Court in Poznań, 1st Civil Division, dated 17th February 2023

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  1. The issuance of a decision regarding the composition of the group concludes the second phase of group proceedings, which is the formation of the group. As soon as the decision on the composition of the group is issued, the composition of the group is petrified. From that moment on, it is no longer possible to join the group. Reduction in the size of the group may occur only in exceptional cases – as a result of the death of a group member, a change in the decision on the composition due to new circumstances.
  2. The plaintiff (group representative) bears the burden of proving the fact that a certain person is a member of the group, which justifies the claim filed in the group proceeding (plausibility in cases involving a non-monetary claim). The defendant, on the other hand, bears the burden of proving the facts that dam and nullify the plaintiff’s claim, i.e. the facts that justify its objections to the claim.
  3. The validity of the decision to hear the case in a group proceeding and the decision dismissing the complaint against this decision constitutes about res judicata, especially in the scope challenged by the defendant and the arguments used for this purpose.
  4. The authorization to act on behalf of a group does not require written form for its validity, the act on group proceedings does not provide for any special solutions in this regard, and by way of reference under Article 24 of the above-mentioned act to the provisions of the Code of Civil Procedure, one should refer to the Code of Civil Procedure, which provisions do not provide for the written form of a power of attorney under pain of invalidity.
  5. The homogeneity of the claims pursued in group proceedings will ultimately be determined by the factual relationship between the claims made.
  6. Group proceedings are also permissible when the premise of the occurrence of damage and its amount depends on individual factual circumstances concerning individual members of the group.
  7. The court, when issuing a decision during the second phase of the group proceeding, i.e., granting a particular person the status of a group member, should compare the claim filed by that person with the characteristics of the model group specified in the decision issued under Article 10 of the Act on Pursuing Claims in Group Proceedings. Thus, the claim of an individual person should fall within the subject matter limits of the group claim specified in the decision issued under Article 10 in conjunction with Article 1 of the aforementioned Act.

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

Presiding judge:                    Katarzyna Jelewska – Sterczała, Regional Courte Judge

having recognized on 17th February 2023 in Poznań in group proceedings at a session in camera the case brought by J. P. – representative of the Group against (…) Investment Fund Society Joint-Stock Company with its registered office in P. for determination of the issue concerning the composition of the Group decides to:

determine the composition of the Group, which includes the following persons: B. K., G. P., M. W., A. W., J. Pł., A. C., E. N., D. O., B. D., S. M., S. B., S. M., P. C., E. C., B. B., S. B., P. M., J. K., M. K., A. W., A. S., J. G., R. D., J. S., D. M., D. K., J. M., M., J. M., A. S., D. B..

Decision of the Regional Court in Szczecin, 1st Civil Division, dated 20th March 2023

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The Regional Court in Szczecin, 1st Civil Division, composed of

Presiding judge:             Barbara Smolska, Regional Courte Judge

Judges:                            Agnieszka Skrzypiec, Regional Courte Judge;

Tomasz Cegłowski, Regional Courte Judge

having recognized on 20th March 2023 in S. at a session in camera the case brought by B.D. – representative of the group in group proceedings against the Housing Cooperative (…) in S. for payment decides to:

establish the composition of the group in division by subgroups including the following persons:

– subgroup one: W.B. and M.B., B.D., R.P. and T.P.

– subgroup two: E.S. and J.S., U.J. and G.J., U.P. and K.P.,

– subgroup three: E.W. and B.W., K.K. and D.S., J.M. and L.M., T.P., J.W. and T.W.,

– subgroup four: D.K., A.F., A.M. and M.M, A.Ł. and R.Ł.

Decision of the Regional Court in Warsaw, 3rd Civil Division, dated 6th April 2018

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  1. The court’s decision on the admissibility of group proceedings is not discretionary. If a case meets the prerequisites for group proceedings (as specified in Article 1 of the Act on Pursuing Claims in Group Proceedings), the court may not refuse to hear the case in group proceedings.
  2. The decision on determining the composition of the group is constitutive, and it is the decision that finally shapes the composition of the group in group proceedings. Once the decision becomes final, the declaration of withdrawal from the group is ineffective. There follows the closure of the second stage of the group proceedings – that is, the so-called subjective stage.
  3. The composition of the group is – according to Article 16 of the Act on Pursuing Claims in Group Proceedings – subject to examination by the Court, and it is not possible to rely on the statements of the group representative and alleged members alone. The burden of proving group membership rests with the plaintiff (i.e., the group representative). In the case of monetary claims, mere assertion is insufficient, it is necessary for the representative to prove the composition of the group.
  4. The provisions of the Code of Civil Procedure contained in Articles 227 – 315 apply to group proceedings, in terms of examining the status of the group. In group proceedings, it is necessary to prove the basis of the pursued claim of individual members of the group, so that it can be established that they are members.
  5. The members of the group are not entitled to stand trial, the sole standing is held by the plaintiff, who is the representative of the group. A group member, on the other hand, has substantive standing, so a group member has only such rights as are expressly provided for in the Act on Pursuing Claims in Group Proceedings.

The Regional Court in Warsaw, 3rd Civil Division, composed of:

Presiding Judge:                      Ewa Witkowska, Regional Courte Judge

Judges:                                      Joanna Kruczkowska, Regional Courte Judge;

Rafał Schmidt, District Court Judge (delegated)

having recognized on 6th April 2018 in Warsaw, at a session in camera, the case brought by M.D. (1) as a representative of the class, against (…) Limited Liability Company with its registered office in K. for payment, regarding the determination of the composition of the group,

decides to:

determine that the present proceedings are pending as a group proceeding, and that the group represented by M. D. (1) has the following composition:

subgroup no. I:

[data of 2 persons].

subgroup no. II:

[data of 2 persons].

subgroup no. III:

[data of 2 persons].

subgroup no. IV:

[data of 3 persons].

subgroup no. V:

[data of 3 persons].

subgroup no. VI:

[data of 11 persons].

subgroup no. VII:

[data of 2 persons].

subgroup no. VIII:

[data of 3 persons].

subgroup no. XI:

[data of 5 persons].

subgroup no. X:

[data of 4 persons].

subgroup no. XI:

[data of 4 persons].

subgroup no. XII:

[data of 2 persons].

Decision of the Regional Court of Warsaw, 3rd Civil Division, dated 28th April 2015

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The Regional Court of Warsaw, 3rd Civil Division, composed of:

Presiding Judge:           Joanna Kruczkowska, Regional Court Judge

Judges:                            Joanna Bitner, Regional Court Judge;

Andrzej Lipinski, District Court Judge (delegated)

having recognized on 20th April 2015, in Warsaw, at a hearing, the case brought by the group representative E. D. against (…) Bank (…) S.A. in W. for payment,

decides to:

  • reject the lawsuit;
  • order the group representative E. D. to pay (…) Bank (…) S.A. in W. the amount of PLN 2417 (two thousand four hundred and seventeen zlotys) as reimbursement of costs of the proceedings.