Decision of the Regional Court in Gdańsk, 1st Civil Division, of November 13, 2019
I C 1664/18

The Regional Court in Gdańsk, 1st Civil Division, composed of the following:

Presiding Judge:           SSO Mariusz Bartnik

Judges:                           SSO Ewa Karwowska, SSO Monika Bukała-Steinborn

having examined on November 13, 2019, in Gdańsk, at a closed session, the case brought by A. S. (1) – representative of the group consisting of [171 members of the group] against (…) S.A. with its registered office in S. for authorization to perform substitution,

decides:

to order the publication of an announcement on the initiation of group proceedings on the pages of the Public Information Bulletin of the Regional Court in Gdańsk and on the home page of the website (…) with the following content:

“Proceedings have been initiated before the Regional Court in Gdańsk, 1st Civil Division, under file reference number I C 1664/18, pursuant to the Act of December 17, 2009, on the pursuit of claims in class action proceedings (Journal of Laws of 2018, item 573) brought by A. S. (1) as representative of the group against (…) S.A. with its registered office in S. for authorization to act as a substitute.

1. S. (1), as the representative of the group, requested that each individual member of the group be authorized to perform, at the expense of (…) S.A. with its registered office in S., all activities (including both design and construction work) necessary to build on plot no. (…), precinct (…) M., covered by land and mortgage register KW no. (…), an artificial above-ground retention reservoir for storing rainwater collected from the following plots of land: no. (…), (…), (…), (…), (…), (…), (…), (…), (…), (…) , (…) and (…), precinct (…) M. in G., with technical data specified in the expert opinion to be prepared in this case and which will become part of the judgment granting the claim, with the proviso that the performance of the above-described activities by one member of the group at the defendant’s expense will release the defendant from the obligation to perform the above-described activities towards the other members of the group.

Any person whose claim may be covered by this class action may join the case by submitting a written statement of joining the group within two months of the date of publication of this announcement and sending it to the representative of group A. S. (1), through their representative, attorney M. P. (2), to the following address: Law Office (…) ul. (…), (…)-(…) G.. Joining the group after the above deadline is not permitted.

Submitting a declaration of joining the group is tantamount to consenting to A. S. (1) acting as the group’s representative and to the rules of remuneration of the attorney. The attorney’s remuneration is governed by an agreement, according to which the lump sum remuneration for the first instance is set at PLN 32,400 plus VAT, payable in two installments specified in detail in the agreement. Pursuant to Article 5 of the Act on Pursuing Claims in Class Action Proceedings, the remuneration may be specified in the agreement in relation to the amount awarded to the claimant, not exceeding 20% of that amount.

A final judgment is binding on all members of the group, i.e. persons who, before the deadline specified in this announcement, send a signed statement of accession to the group and are included in the court’s decision determining the composition of the group.