The Regional Court in Warsaw 1stCivil Division with the following ruling bench:
Presiding Judge: Grzegorz Tyliński, Regional Court Judge
Judges: Bożena Chłopecka, Regional Court Judge, Ewa Ligoń-Krawczyk, Regional Court Judge
having examined on 8th April 2016 in Warsaw at a hearing in camera the case filed by P.K. against the State Treasury – Minister for Labour and Social Policy, Social Insurance Institution (ZUS), (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W, (…) a joint-stock company with its registered office in W., (…) a joint-stock company with its registered office in W., (…) a joint stock company with its registered office in W., for a determination,
herby decides to:
I. publish announcements on the opening of group proceedings with the following wording:
“Group proceedings are pending before the Regional Court in Warsaw under file ref. no. I C 599/14 between the representative of the P. K. group and the State Treasury – Minister of Family, Labour and Social Policy, Social Insurance Institution in W.., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., (…) S. A. w W., the object of which is to determine invalidity of the legal act of redemption of 51.5% of the units of account recorded as at 31 January 2014 on the accounts of the claimants (members of the group) kept by the Open Pension Funds concerned and the transfer of those assets on 3 February 2014 with the value corresponding to the sum of the value of the redeemed units of the Social Insurance Institution account, acting in the name and on behalf of the Social Insurance Fund, made in execution of the disposition of Article 23 of the Act of 6 December 2013 Amending Certain Acts in Connection with the Determination of the Rules for the Payment of Pensions from Funds Accumulated in Open Pension Funds (Journal of Laws, item 1717) and determination that the State Treasury is liable for damages caused to the claimants by these activities.
Each person, whose claim may be covered by the group proceedings, may join the group by submitting a written statement on joining the group within 3 months from the date of publication of this announcement to the group representative (adw. P. K., Legal Office ul. (…), (…)-(…) W.). The principles of remuneration of a possible group representative’s attorney will be specified in an agreement which may be concluded between the group representative and the attorney. A final judgment announced after considering the case in group proceedings shall be effective towards all the group members.”;
II. request that P.K., the representative of the group, pay the amount of PLN 3,600.00 within two weeks to cover the costs of publishing announcements under pain of enforcement;
III. announcements shall be placed in the (…)newspaper (nationwide edition) and in the (…) daily (nationwide edition).