Action vs. J.W. Construction Holding S.A.

A group of owners of premises vs. J.W. Construction Holding S.A.

Action for payment on the grounds of return of undue performances in the form of additional payments to the prices of residential real estate (the so-called valorisation payments), delivered to the defendant developer by group members on the basis of contractual clauses included in the developer’s agreements, which were declared to be prohibited clauses.

Clauses granting the developer the power to adjust the price on the basis of various indicators referring to economic developments were declared prohibited by the Office of Competition and Consumers by a decision of 11^th December 2009, upheld by the Court of Appeals in Warsaw of 10^th February 2015, VI ACa 567/14.

54 group members

Action concluded.

2021

4th STAGE

Decision of the Supreme, Court Civil Division of the 17^th February 2021, I CSK 648/20 – refusal to accept the cassation complaint for consideration

2019

3rd STAGE

The case concerning the cassation complaint against the decision of the Court of Appeals in Warsaw, 6th Civil Division of 5th June 2018, VI ACa 1653/1, was registered in the Supreme Court under file ref. no. I CSK 203/19. There is no decision on accepting the cassation complaint for consideration
15^th February 2019 – filing a cassation complaint from the judgment of the Court of Appeals in Warsaw 6^th Civil Division of 5^th June 2018, VI ACa 1653/16

2018

Judgment of the Court of Appeals in Warsaw 6^th Civil Division of 5^th June 2018, VI ACa 1653/16 – allowing the defendant’s appeal and partially amending the judgment of the District Court Warszawa-Praga in Warsaw 3^rd Civil Division of 22^nd April 2016, III C 491/12, and dismissing the statement of claims in points 1-32 and dismissing the claimant’s appeal

2016

23^rd September 2016 – dispatching the case file to the Court of Appeals in Warsaw in connection to the filing of two appeals from the judgment of the Regional Court Warszawa-Praga in Warsaw 3^rd Civil Division of 22^nd April 2016, III C 491/12
Judgment of the Regional Court Warszawa-Praga in Warsaw 3^rd Civil Division of 22^nd April 2016, III C 491/12 – allowing the statement of claims in its entirety in relation to 51 group members and dismissing the statement of claims towards 3 group members
Pronouncement of the judgment of 22^nd April 2016
The hearing of 8^th April 2016
The hearing of 7^th April 2016
The hearing of 6^th April 2016
The hearing of 5^th April 2016
The hearing of 4^th April 2016

2015

2nd STAGE

Decision of the Court of Appeals in Warsaw 6^th Civil Division of 8^th July 2015, VI ACz 139/15 – dismissing the claimant’s complaint against the decision of the Regional Court Warszawa-Praga in Warsaw 3^rd Civil Division of 28^th January 2014, III C 491/12

2014

Decision of the Regional Court Warszawa-Praga in Warsaw 3^rd Civil Division of 28^th October 2014, III C 491/12 – establishing the composition of the group

2013

Decision of the Regional Court Warszawa-Praga in Warsaw 3^rd Civil Division of 24^th September 2013, III C 491/12 – announcement on the initiation of group proceedings

1st STAGE

Decision of the Court of Appeals in Warsaw 6^th Civil Division of 8^th August 2013, VI ACz 1639/13 – dismissing the claimant’s complaint against the decision of the Regional Court Warszawa-Praga in Warsaw 3^rd Civil Division of 24^th January 2013, III C 491/12
Decision of the Regional Court Warszawa-Praga in Warsaw 3^rd Civil Division of 24^th January 2013, III C 491/12 – hearing the case in group proceedings and dismissing the defendant’s motion to obligate the claimant to make a deposit
The hearing of 24^th January 2013

2012

The hearing of 12^th July 2012
Statement of claims filed on: 11^th April 2012