Decision of the Regional Court in Gdańsk 25th Civil Division of 4th October 2017
XV C 1216/12

The Regional Court in Gdańsk 25^th Civil Division, in the following ruling bench:

Presiding Judge:            Urszula Malak, Regional Court Judge,

Judges:                            Dorota Kołodziej, Regional Court Judge

Krzysztof Solecki, Regional Court Judge

having examined on 4^th October 2017 in Gdańsk at the hearing in camera in group proceedings the case filed by group representative (…) against (…) and (…)

decides to:

1. establish that subgroup I i.e. the subgroup demanding the ascertainment of the invalidity of the Usenet service provision agreements concluded by the group members with the defendant and the award of a payment of PLN 94.80 to each group member by defendants jointly and severally as the return of undue performance, alternatively – in the event the statement of claims is dismissed in that scope – the ascertainment that the group members are not obligated to pay PLN 94.80 to the defendants as the subscription fee for using the services offered by the website www.pobieraczek.pl, consists of: [data of 48 group members];
2. establish that subgroup III i.e. the subgroup demanding the ascertainment of the invalidity of the Usenet service provision agreements concluded by the group members with the defendants, alternatively – in the event the statement of claims is dismissed in that scope – the ascertainment that the group members are not obligated to pay PLN 94.80 to the defendants as the subscription fee for using the services offered by the website www.pobieraczek.pl, consists of: [data of 59 group members];
3. establish that subgroup V i.e. the subgroup demanding the ascertainment that the Usenet service provision agreement concluded by the group members with defendants are invalid, alternatively – in the event of dismissing the statement of claims in that scope – ascertainment that the group members are not obligated to pay PLN 94.80 as the subscription fee to the defendants for using the services offered by the website www.pobieraczek.pl and that they are not obligated to pay the contractual penalty of USD 100 to the defendants for breaching § 6 point 3 of the Usenet Service Provision Terms and Conditions of 16^th April 2010, consists of: [data of 482 group members];
4. dismiss the motion for decision on establishing the composition of the group in the remaining scope.