Xenakis Development

Action brought by one of the members of the group, acting as a group representative, against Xenakis Development Spółka z ograniczoną odpowiedzialnością spółka komandytowa in Świętochłowice, for payment.

By the action filed on 14 November 2018, the group of 33 persons, divided into 16 subgroups: 14 groups comprising of married couples, one group comprising of two unmarried persons and the last group comprising of three persons, requested that the case be examined in group proceedings. The claimant demanded to award the defendant to pay certain amounts to the benefit of persons included in particular groups with the total amount of PLN 1,469,820 and to award the costs of the proceedings.

The monetary claims of group members include undue benefits which were paid to the developer. Due to the defects in the real property, the group members have submitted written declarations on price reduction. The undue benefit includes the difference between the amount paid and the amount after reduction.

Number of group members indicated in the statement of claims: 33 persons

  • Order of 30 October 2019, I C 998/18 – announcement on commencement of group proceedings
  • Decision of the Court of Appeals in Katowice 1st Civil Division of 12 September 2019, I ACz 629/19 – dismissing the complaint against the decision of the Regional Court in Katowice 1st Civil Division of 4 April 2019, I C 998/18
  • Decision of the Regional Court in Katowice 1st Civil Division of 4 April 2019, I C 998/18 – examining the case in group proceedings
  • Statement of claims filed on: 14 November 2018 r.