Decision of the Regional Court in Warsaw 20th Commercial Division of 29th May 2020
XX GC 1004/12

The Regional Court in Warsaw 20th Commercial Division with the following ruling bench:

Judge:             Łukasz Oleksiuk, District Court Judge (delegated)

having examined on 29th May 2020 in Warsaw at a hearing in camera the case filed by (…) sp. z o.o. with its registered office in W. against (…) Limited (…) sp. z o.o. in W., against (…) (…) in N. (C.) for the protection of copyrights and related rights in group proceedings,

hereby decides to:

  1. suspend the proceedings under Article 177 § para 1 point 6 of the Code of Civil Procedure with respect to the following new claims submitted in the letter of 23 September 2019:
  1. with regard to the claim described in point IV.1 of the above mentioned letter, i.e. ordering the defendant to implement a file filtering system (in particular, but not exclusively, in EPUB MOBI and PDF formats, text files and audio files) within 3 months from the date the judgment in the case becomes final – which allows further distribution of the files indicated in attachment 1 to the above letter by the users of the portal (…). pl within this portal to be identified, which will make it possible to prevent access to such a file, however, the effectiveness of such a filtering system, i.e. its ability to identify and block access to files infringing copyrights, cannot be lower than the average effectiveness of the systems functioning on the market, and, as a consequence, also ordering the defendant to conduct ongoing monitoring of the files available on the portal (…).pl with respect to the files placed and distributed within the service (…).pl, which may infringe the copyrights of the members of the group with respect to the files indicated in the attachment no. 1 to the aforementioned letter;
  2. with respect to the claim described in point IV. 3 of the abovementioned letter, i.e. the defendant’s obligation under Article 79.2 of the Act of 4 February 1994 on Copyrights and Related Rights (i.e. Journal of Laws of 2019, item 1231, as amended) to publish announcements at its expense, within 14 days of the date in which the judgment issued in this case became final, in the places and content described in the letter of 23 September 2019;
  3. with respect to the claim described in point IV.4 of the abovementioned letter, i.e. in the event of the defendant’s failure to fulfil the obligations described above with respect to the publication of the statements with the content and within the time limit specified in the Court’s decision – authorizing (…) sp. z o.o. as a group representative to publish the abovementioned statements at the cost of the defendant and obligating the defendant to reimburse the costs incurred by the claimant on this account.