The Regional Court in Warsaw I Civil Division in the following ruling bench:
Ewa Ligoń-Krawczyk, Regional Court Judge
Rafał Wagner, Regional Court Judge
Jacek Bajak, Regional Court Judge
having examined on 19th October 2016 in Warsaw at the hearing in camera the case filed by the Municipal Consumer Ombudsman in S. W. against Towarzystwo (…) S.A. with its registered office in W. for payment,
decides to:
I. publish an announcement in the ‘(…)’ daily newspaper on the commencement of the group proceedings with the following content:
’Under the Act of 17 December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2010, No. 7, item 44), a class action was initiated by the Municipal Consumer Ombudsman in S. in. W. against Towarzystwo (…) S.A. with its registered office in W. (‘TU na (…) S.A.’), file ref. no. I C 464/16, before the Regional Court in Warsaw, 1st Civil Division.
The Municipal Consumer Ombudsman in S. W., acting as a group representative, requested for the adjudication from the Defendant – TU na (…) S.A. the return of amounts equal to the value of pecuniary benefits obtained by TU na (…) S.A. without a legal basis in at the expense of the group’s members by way of performance of the invalid acts in law –group members’ invalid declarations of intent submitted to the Defendant to take advantage of the stipulation in their favor of insurance coverage and invalid contracts on endowment insurance policy with insurance capital fund (‘principal claim’).
(…)
Each person, who jointly fulfilled the following requirements:
(…)
may join the group by submitting a written declaration on joining the group within the term of 2 months, which cannot be exceed, as of the date of notification of the declaration and serving it onto the group representative – the Municipal Consumer Ombudsman in S. W., to the address of its legal counsels: A. L. or D. K., (…) s.c., ul. (…), (…)-(…) W.
Joining the group is inadmissible upon the lapse of the above-mentioned time limit.
(…)”;
II. call the group representative’s counsel – the Municipal Consumer Ombudsman in W. to pay within 2 weeks, to the State Treasury – the Regional Court in Warsaw, the amount of PLN 9,000.00 (nine thousand zloty) as an advance payment on the costs of the announcement on the commencement of the group proceedings.