Case law > Decision of the Regional Court in Olsztyn 1st Civil Division of 5th July 2012

Decision of the Regional Court in Olsztyn 1st Civil Division of 5th July 2012
I C 99/12

The Regional Court in Olsztyn 1st Civil Division in the following ruling bench:

Presiding Judge: Bożena Charukiewicz, Regional Court Judge

Judges: Juliusz Ciejek, Regional Court Judge; Przemysław Jagosz, Regional Court Judge

having examined on 5th July 2012 in O. the case filed by B.S. against (…) ltd in O. for payment

hereby decides to:

  1. order the announcement on initiation of group proceedings by publishing in the (…) daily the information that a class action to the statement of claims filed by B.S as the representative of the group consisting of: (…) against (…) Ltd. for payment of the amounts arising out of from the decrease in the value of the residential premises acquired from the defendant is pending before the Regional Court in Olsztyn to file ref. no. I C 99/2. The persons whose claims might be examined in these group proceedings may join the group by submitting a written declaration on joining the group to the group representative within 2 months as of the publication of the announcement. For the performed activities, the representative of the group shall receive a consideration in the amount of PLN 4,200, increased by the applicable VAT tax rate, including: in the case of subgroup no. 1 – PLN 300 per person who acquired a residential premises for their personal property, subgroup no. 2: – PLN 300 per each married couple who acquired the premises to the spouses joint property, subgroup no. 3 – PLN 300 jointly from all the group members who acquired a separate residential premises as joint property. In the case new persons join the group, the representative’s consideration shall be increased proportionally according to the rules stated above. The representative shall be entitled to an extra consideration in the form of the costs of legal representation adjudicated or awarded by way of settlement. A legally valid judgment is effective towards all the group members.
  2. publication of the hereinbefore mentioned announcement shall be contingent on the Claimant’s payment within 7 days of a deposit in the amount of PLN 500.00, under the pain of suspending the proceedings.