Decision of the Regional Court in Warsaw, 21st Labor Division, dated August 10, 2018
XXI P 113/18

The Regional Court in Warsaw, 21st Labor Division, composed of:

Presiding Judge:           SSO Grzegorz Kochan (rapporteur)

Judges:                           SSO Małgorzata Kosicka, SSR Katarzyna Szaniawska-Stejblis (del.)

 

having examined on August 10, 2018, in Warsaw, at a closed session, the case brought by (…) against the State Treasury – Ministry of Internal Affairs in W. for compensation,

decides:

  1. order the announcement of the initiation of class action proceedings with the following content:

Before the Regional Court in Warsaw, 21st Labor Division (case no.: XXI P 113/18), pursuant to the Act of December 17, 2009, on the pursuit of claims in class action proceedings (hereinafter: “u.d.p.g.”). proceedings have been initiated on the basis of a claim brought by R. L. (1), acting as the representative of a group of Border Guard officers, against the State Treasury – Minister of Internal Affairs and Administration for compensation.

Subject matter of the class action

The class action covers the claims of a group of Border Guard officers, divided into 101 subgroups, who have filed a claim for the State Treasury – Minister of Internal Affairs, for a total amount of PLN 4,127,228.93 as compensation for the lack of salary indexation in the years 2009-2014.

Deadline for joining the class action

Any person whose claim may be covered by this class action may join the case by submitting a written statement of joining the group within two months of the date of publication of this announcement. Joining the group after this deadline is not permitted.

How to join the class action

Any person may join the case by sending a written statement of joining the group to the group representative – R. L. (1), address for service: Law Office (…), (…)-(…) W., ul. (…).

Submitting a declaration of accession to the group is tantamount to consenting to R. L. (1) acting as the group representative and to the rules governing the remuneration of the representative.

Rules for remunerating the representative

The representative’s remuneration from each group member is 20% of the value of the subject matter of the dispute, payable no later than on the date of conclusion of the case in the first instance.

Information on the binding effect of the judgment on group members

A final judgment is binding on all group members, i.e. persons who, before the deadline specified in this announcement, send signed statements of accession to the group and are included in the court’s decision determining the composition of the group.

  1. publish an announcement about the initiation of collective proceedings on the website of:

a. the Public Information Bulletin of the Regional Court in Warsaw,

b. the Public Information Bulletin of the Ministry of Internal Affairs and Administration,

c. the Public Information Bulletin of the Commander-in-Chief of the Border Guard.