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Executive Summary Report – September 2017

The Appeal Court in Lublin in its judgment of 29 June 2017 (ref. no I ACa 910/16) ruled that a car dealership that refuses to accept a defective vehicle is obliged to refund the customer the cost of insurance and maintenance of the defective car.


The District Court in Suwalki in its judgment of 20 June 2017 (ref. no I Ca 179/17) ruled that an injured party in connection with an event covered by motor third party liability insurance has the right to seek compensation at his own discretion from the insured party, from the insurer or from both of them.


The Appeal Court in Bialystok in its judgment of 14 June 2017 (ref. no I ACa 43/17) ruled that interest for late payment of compensation will be paid by the insurer from the date of the request for payment, and not from the date of judgment.


The Court of Justice of the European Union in its judgment of 7 September 2017 (case 559/16) held that compensation due to passengers in the event of cancellation or long delay of a combined flight shall be calculated according to the aerial view of the distance between the departure airport and the destination airport. The fact that the distance traveled during the flight is greater due to the transfer does not affect the calculation of the amount of compensation due.


The Appeal Court in Katowice in its judgment of 29 June 2017 (ref. no I ACa 188/17) ruled that the specificity of claims directed to an insurer of a damage claimant in motor third party liability implies that the postponement of the claim's due date, at least 30 days after the date of the summons, is accompanied by the obligation of the parties to explain all the circumstances and pay adequate benefit.


On August 11, 2017, the Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document, entered into force.


The Court of Justice of the European Union in its judgment of 21 October 2017 (C-605/16) ruled that services provided by independent groups of people whose members are engaged in non-public insurance business activities do not benefit from exemption from the tax on goods and services.


On 22 September 2017, a bilateral agreement was signed between the European Union and the United States of America on precautionary measures relating to insurance and reinsurance.


The District Court in Gdansk in its judgment of 21 July 2017 (ref. no I C 596/16) ruled that death caused by a wasp bite falls within the definition of an unfortunate accident.


The Court of Justice of the European Union in its judgment of 21 October 2017 (C-149/16 and C-429/16) ruled that if an employer wishes to change the material terms of employment, it must apply the collective reduction procedure.


The Appeal Court in Warsaw in its judgment of 11 April 2017 (ref. no VI ACa 188/17) ruled that filing multiple identical claims for the same abusive clause is an abuse of a subjective right.



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