On 22nd March 2024, Kubas Kos Gałkowski concluded the first 11 settlements as a part of settlement negotiations conducted after winning the class (group) proceedings; based on these settlements – our clients (11 entities) will receive compensation in the amount of over PLN 15 million (incl. interest). The injured parties were represented by attorneys Agnieszka Trzaska-Śmieszek and Dominik Gałkowski –...
The draft of the Act on Amendments to the Act on Pursuing Claims in Group Proceedings and Certain Other Laws, dated on 6th December 2022 (hereinafter: "Draft of 6 December 2022"), is proceeded at the Government Legislation Center. The President of the Office of Competition and Consumer Protection is responsible for the draft. Currently, the procedure is at the opinion...
Six entrepreneurs injured in May 2010 by the effects of flooding in Sandomierz and the surrounding area will receive compensation with interest. It results from settlements signed today between the group proceedings participants and the State Treasury - Państwowe Gospodarstwo Wodne Wody Polskie and the Świętokrzyskie Voivodeship. The settlements were concluded in connection with the courts' determination in September 2022...
The injured parties should gather evidence to demonstrate the extent of the damage. The chances of a trial will be assessed once the culprits have been identified. For the time being, we do not know the possible perpetrators or the exact damages caused by the poisoning of the Oder. However, many companies, not only the tourist companies of Western Pomerania...
A court decision on the composition of a group in group proceedings may be challenged by a classic complaint to the court of the second instance, the Supreme Court has ruled. In the case of 300 Swiss Franc credit holders represented by the Consumer Ombudsman in Szczecinek, the Regional Court determined the group's composition, which was challenged by Bank BPH,...
Fitnes club operators are seeking compensation for restrictions on their business operations during the epidemic. On Thursday, they filed a class action in the Warsaw Regional Court against the government and the minister of health, demanding the court to determine the State Treasury’s liability for damages in connection with administrative bans on the operation of gyms and fitness clubs, i.e....
The summoning by the Civil Chamber of the Supreme Court of five institutions to take positions on Swiss Franc cases has surprised many lawyers. Questions arise: what might such a selection of addressees suggest about the final content of the resolution? After approximately four hours of a closed session, which is nothing unusual, the judges decided to consult the Polish...
In order to settle with the bank, the Swiss Franc credit holder must declare whether they will maintain the contract with unlawful clauses or wish to cancel it. That is the crux of Friday's resolution of the seven judges of the Civil Chamber of the Supreme Court responding to a question from the Financial Ombudsman. The effect of the Supreme...
On Friday, 7 May, a seven-member panel of the Supreme Court’s Civil Chamber is to answer questions from the Financial Ombudsman regarding the rules for resolving Swiss Franc disputes. The scope of the questions which are to be addressed by the entire Civil Chamber of the Supreme Court on 11 May is indeed narrower than those asked by the First...
The Court of Appeals in Łódź issued a final ruling that the victims of the flood of May 2010 are entitled to compensation. Almost 30 farmers may now claim specific amounts. The judgment was issued in group proceedings. The damages must be paid jointly and severally by the Governor of the Mazowieckie Province, Państwowe Gospodarstwo Wodne Wody Polskie ("Polish Waters"...