Case law > Decision of the Regional Court in Warsaw, 25th Civil Division, dated 18th December 2018

Decision of the Regional Court in Warsaw, 25th Civil Division, dated 18th December 2018
XXV C 843/17

The Regional Court in Warsaw, 25th Civil Division, composed of:

Presiding Judge:            Piotr Bednarczyk, Regional Court Judge

Judges:                            Anna Błażejczyk, Regional Court Judge;

Paweł Duda, Regional Court Judge

having examined on 18th December 2018, in Warsaw, at a session in camera, the case brought by M. P. as representative of the group against Bank (…) JSC with its registered office in W. (…) Bank (…) in C. Bank (…) in S. W. Bank (…) with its registered office in J. for a determination,

decides to:

  1. order the announcement of the initiation of group proceedings;
  2. give the announcement of the initiation of group proceedings the following content:

Before the Regional Court in Warsaw, 25th Civil Division, group proceedings were initiated pursuant to the Act of 17th December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2010, No. 7, item 44) on the basis of a claim brought by M. P. against Bank (…) JSC with its registered office in W., (…) Bank (…) in C., Bank (…) in S. and W. Bank (…) with its registered office in J., pending under file reference number XXV C 843/17.

M. P., as the representative of the group, requested that the defendant Banks be held jointly and severally liable for the damage caused to the claimant and the members of the group in connection with the conclusion of a contract in violation of the provisions of the Act of 29th August 1997 – Banking Law in the scope of determining creditworthiness:

1) by (…) Bank (…) in C. in the case of loan agreement No. (…) of 18th September 2013, and loan agreement No. (…) of 28th May 2014,

2) by Bank (…) in S. in the case of loan agreement no. (…) of 19th March 2014, amended by Annex no. (…) of 14th May 2014, and then by Annex no. (…) of 14th August 2015,

3) by Bank (…) S.A. with its registered office in W.,

4) and W. Bank (…) with its registered office in J. in the case of loan agreement No. (…) of 25th October 011, constituting an integral part of bank consortium agreement No. (…) of 25th October 2011,

concluded with I. S., conducting business activity under the name (…) in liquidation bankruptcy, which led to an excessive burden on the assets of I. S. and prevented him from settling his previously incurred liabilities towards the purchasers of holiday and residential premises in the Hotel (…) in O..

Any person whose claim may be covered by this group action may join the case by submitting a written statement of joining the group within a strict deadline of two months from the date of publication of this announcement and sending it to the group representative – M. P., to the address of his legal representative, legal counsel V. P., Legal Counsel’s Office, st. (…) (…)-(…) K..

Joining the group after the above deadline is not permitted.

Submitting a statement of joining the group is tantamount to consenting to M. P. acting as the group’s representative and to the rules of remuneration of the representative.

The rules for the remuneration of the representative, as current remuneration and for the so-called (…) are specified in the agreement of 16th February 2017, for the provision of legal assistance and are as follows:

A. Current remuneration:

  • for the first instance, PLN 1,845 gross from each member of the group, payable within 7 days of signing the Agreement,
  • for the second instance, PLN 922.50 gross from each member of the group, payable to the Law Office within 7 days of filing the appeal or response to the appeal,
  • for proceedings before the Supreme Court, PLN 922.50 gross from each member of the group, payable within 7 days of filing the appeal in cassation or response to the appeal in cassation;

B. remuneration for “Success” – 10% of the value actually obtained (enforced) in the course of or as a result of the proceedings, including through the conclusion of a settlement by a given member of the group. The amount calculated in this way includes VAT at the rate applicable on the date of issue of the invoice.

3. The announcement referred to in points 1 and 2 shall be published in the newspaper (…) – Announcements page.