Decision of the Regional Court in Warsaw 1st Civil Division of 2nd August 2016
I C 1281/15

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

Rafał Wagner, Regional Court Judge

Andrzej Kuryłek, Regional Court Judge

Jacek Bajak, Regional Court Judge

having examined on 2^nd August 2016 in Warsaw at the hearing in camera the case filed by the Municipal  Consumer Ombudsman in O. against Bank (…) S.A. with its registered office in W. for the establishment of the defendant’s liability

decides to:

1. publish an announcement in the ‘(…)’ daily newspaper on commencement of the group proceedings with the following content:

’A class action filed by the Municipal Consumer Ombudsman in O. against Bank (…) S.A. with its registered office in W. for the establishment [of the defendant’s liability] is pending before the Regional Court in Warsaw, 1^st Civil Division, file ref. no. I C 1281/15.

In the course of the proceedings, acting as a group representative, on the grounds of Article 385¹ (1) CC, Article 405 CC and Article 410 (1) and (2) CC, the Municipal Consumer Ombudsman in O. demands the establishment that the Bank (…) S.A. is liable towards the Group Members on the grounds of unjust enrichment arising out of the mortgage contracts concluded with the Group Members. containing, directly or indirectly, unlawful contractual provisions. (…)

Any party whose claim may be the subject of the class action (the claim of the same type as the abovementioned claims, based on the same or equal factual basis) may join the proceedings by filing the declaration on joining the group within the term of 3 months, which cannot be exceeded, as of the date of notification of that announcement. The declaration shall be submitted to the group representative – the Municipal Consumer Ombudsman in O., through the one of the following counsels who represent him: Z.D., attorney at law,. M. S., attorney at law, K. W., attorney at law (address for service: Kancelaria “(…), T. i Wspólnicy” Sp. k., ul. (…), (…)-(…) W., e-mail: (…).pl).

(…)”

2. order the Municipal Consumer Ombudsman’s counsel to pay, in favor of the State Treasury, the Regional Court in Warsaw, within 2 weeks, the amount of PLN 1,500.00 (one thousand five hundred PLN) as advance payment on the costs of the announcement on commencement of group proceedings.