Case law > Decision of the Regional Court in Warsaw, 3rd Civil Division, dated January 24, 2017

Decision of the Regional Court in Warsaw, 3rd Civil Division, dated January 24, 2017
III C 1122/15

The Regional Court in Warsaw, 3rd Civil Division, composed of:

Presiding Judge:    SSO Joanna Kruczkowska

Judges:                    SSO Joanna Bitner, SSR Andrzej Lipiński

having examined on January 24, 2017, in Warsaw, at a closed session, in class action proceedings in the case brought by E. D. (group representative) against (…) Bank (…) S.A. with its registered office in W. for payment, hereby decides:

to order the publication in Gazeta (…) – national edition, of an announcement with the following content:

NOTICE OF COMMENCEMENT OF CLASS ACTION PROCEEDINGS

Proceedings have been initiated before the Regional Court in Warsaw, 3rd Civil Division, pursuant to the Act of December 17, 2009 on the pursuit of claims in class action proceedings (Journal of Laws No. 7 of 2010, item 44) on the basis of a claim brought by E. D. against (…) Bank (…) S.A. with its registered office in W., file reference number III C 1122/15,

E. D., as the representative of the group, requested the Court to award the defendant (…) Bank (…) S.A. with its registered office in W. the amounts of (…) PLN for each member of the subgroup (…), in the amount of PLN (…) for each member of the subgroup (…), in the amount of PLN (…) for each member of the subgroup (…), in the amount of PLN (…) for each member of the subgroup (…) on account of contributions unduly collected by the defendant for low-contribution insurance on the basis of the concluded loan agreements.

The value of the dispute is PLN (…).

Within a strict deadline of one month from the publication of this announcement, anyone whose claim may be covered by this class action may join the group, i.e. if:

  1. they have concluded an agreement (…) (the “Agreement”) with (…) Bank (…) S.A. with its registered office in W.
  2. they did not conclude this Agreement in direct connection with their business or professional activity;
  3. The agreement concluded by him contained provisions identical to the clause deemed unlawful by the Regional Court in Warsaw – XVII Division for Competition and Consumer Protection in its judgment of August 6, 2009, entered under number (…) in the register of prohibited clauses kept by the President of the Office of Competition and Consumer Protection;
  4. he suffered damage in connection with the collection of a fee for low own contribution insurance on the basis of the concluded Agreement (…);

In order to join the group, a written statement of accession to the group must be submitted to the representative of the E. D. group. This statement shall be submitted to the address of its representatives:

r.pr. J. S.

Kancelaria Radców Prawnych J. S. i Wspólnicy Sp. k.

ul. (…), (…)-(…) L.

tel. (…),

Alternatively, r.pr. K. J.

Kancelaria Radcy Prawnego K. J.

ul. (…) (…)-(…) L.

Joining the group after one month from the publication of this announcement is not permitted,

Submission of a declaration to join the group is tantamount to consenting to E. D. acting as a class representative, to the rules of remuneration of the attorney, as well as to joining the group in order to pursue claims against (…) Bank (…) S.A. with its registered office in W. based on the provisions of the Law on Pursuit of Claims in Group Proceedings. A template of the necessary documents is made available by the Office of the attorney representing the group on the website (and/or the Group by other means).

Each class member who joins the proceedings after filing a lawsuit will pay the attorneys’ fees, which consist of:

a one-time flat fee of

(…) zloty for the first instance and complaint proceedings;

(…) zloty for the second instance

(…) zloty for drafting the cassation complaint and/or appearing before the Supreme Court.

A success bonus in the amount of (…) on the amount legally adjudicated and enforced/obtained under a concluded court or out-of-court settlement.

The amounts stated above are net amounts and will be increased by the VAT due in the amount of (…). In the event of a change in the VAT rate, these amounts will be increased or decreased accordingly.

Group members are also required to pay a non-refundable initial fee in the amount of (…) PLN, intended to cover the necessary costs of the Group members’ activities preceding the filing of the class action.