The Regional Court in Warsaw 25th Civil Division in the following ruling bench:
Presiding Judge: Tomasz Gal, Regional Court Judge
Judges: Anna Błażejczyk, Regional Court Judge; Monika Włodarczyk, Regional Court Judge
having examined on 18th August 2016 in Warsaw at the hearing in camera the case in a class action filed by R.D. – the group representative against the State Treasury – General Prosecutor, Regional Public Prosecutor in Gdańsk and District Public Prosecutor Gdańsk-Wrzeszcz in Gdańsk for payment,
hereby decides to:
Order an announcement on initiation of group proceedings in the present case in the Rzeczpospolita daily with the content wich follows:
’Group proceedings have been initiatied before the Regional Court in Warsaw 25th Civil Division, in the case to file ref. no. is XXV C 711/15, under the Act of 17 December 2009 on pursuing claims in group proceedings (Journal of Laws of 2010, No. 7, item 44, hereinafter referred to as: ‘Act on Pursuing Claims in Group Proceedings’) to the statement of claims filed by R. D. acting in the capacity of the group representative against the State Treasury – General Prosecutor, Regional Public Prosecutor in Gdańsk and District Public Prosecutor Gdańsk-Wrzeszcz in Gdańsk.
Under Article 417 (1) CC in conjunction with Article 415 CC, R. D. as a group representative motioned for adjudication of the specified cash amounts for each group member as a compensation for the damage to their assets caused by the unlawful nonfeasance the District Public Prosecutor Gdańsk-Wrzeszcz in Gdańsk, Regional Public Prosecutor in Gdańsk and General Prosecutor. The nonfeasance consist in the non-charging the members of the Managment Board of the company under the firm of (…) Sp. z o.o. with its registered office in G., in the period from 22th January 2010 to 17th August 2012. In the claimant’s opinion the nonfeasance resulted in conclusion by the group members of contracts with the abovementioned company and transfer of monies thereon which were thereafter lost following the company’s insolvency.
Each person whose claim may be included within the present statement of claims may join the case by filing a written declaration on joining the group within the deadline of three months as of the date of publication of this announcement and by sending the declaration to the group representative – R. D. (address for service: attorney T. K., (…) Sp. k., ul. (…), (…)-(…) W.).
After the lapse of the abovementioned deadline, joining the group is not admissible.