Decision of the Regional Court in Warsaw 25th Civil Division of 8th February 2016
XXV C 148/14

The Regional Court in Warsaw 25^th Civil Division in the following ruling bench:

Presiding Judge: Krystyna Stawecka, Regional Court Judge

Judges: Anna Błażejczyk, Regional Court Judge; Krystyna Dymek, Regional Court Judge

having examined on 8^th February 2016 in Warsaw at the hearing in camera the group action filed by J. K. – the group representative against Bank (…) S.A. in W. for payment,

decides to:

1. order the announcement on the commencement of group proceedings;
2. establish the following wording of the announcement on commencement of the group proceedings:

’Under the Act of 17 December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws from 2010, No. 7, item 44), group proceedings initiated by J. K. against Bank (…) S.A. in W., case ref. no. XXV C 148/14 were commenced Before the Regional Court in Warsaw 25^th Civil Division.

J. K. as the group representative motioned for award of specified amounts of money in favor of each group member. The claims pursued by the group members are claims for compensation arising from tort and the legal basis of the claims is provided by the Article 415 CC, Article 416 CC, and Article 442 CC. The statement of claims indicated that the defendant’s actions may be qualified as a Bank’s tort and/or abetting in causing damage and/or consciously benefitting from the damage caused by another person.

(…)

Each person whose claim may be included within this class action may join the case by submitting a written declaration on joining the group within the non-extendable period of 2 months from the date of notification of the announcement and by serving the declaration on to the group representative – J. K., address for service: Ł. G., attorney-at-law, T. P., legal counsel, and A. K., legal counsel (…) P. G. L. G. sp. k., ul. (…), (…)-(…) K.

After the lapse of the abovementioned deadline, joining the group is inadmissible’.