Decision of the Regional Court in Katowice 1st Civil Division on 30th October 2019
I C 998/18
The Regional Court in Katowice 1st Civil Division with the following ruling bench:
Presiding Judge: Jolanta Polko, Regional Court Judge
Judges: Agata Młynarczyk-Śmieja, Regional Court Judge
Katarzyna Zadora, District Court Judge (delegated; rapporteur)
having examined on 30th October 2019 in Katowice at the hearing in camera the group action filed by J. D. acting as a representative of the group consisting of 33 persons i.e. [data of the group members], who is a group member as well, against (…) Spółka z ograniczoną odpowiedzialnością spółka komandytowa in Ś., for payment,
decides to
- order to publish an announcement on the group proceedings commenced before the Regional Court in Katowice, file ref. no. I C 998/18, by J. D. acting as a representative of the group consisting of 33 persons i.e. [data of the group members], who is a group member as well, against (…) Spółka z ograniczoną odpowiedzialnością spółka komandytowa in Ś., for payment, together with the following information:
- on the possibility of joining the group by persons whose claims may be covered by the abovementioned group action; to join the group, a person should submit a written declaration on joining the group to the group representative within a one-month time period;
- on the rule governing an attorney’s remuneration pursuant to Article 5 of Act on Pursuing Claims in Group Proceedings, which stipulates that ‘the contract on an attorney’s remuneration may specify the remuneration in relation to the amount awarded to the plaintiff, but no more than 20% of that amount’;
- on binding effect of the judgement for the group members;
- publish the announcement on commencement of the group proceedings for a one-month period:
- on the website of the Public Information Bulletin of the Regional Court in Katowice;
- on the websites of the parties’ attorneys;
- on the website of the defendant (…) Spółka z ograniczoną odpowiedzialnością spółka komandytowa; on the boards placed on the buildings on real property located in S., ul. (…).