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

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

Presiding Judge:           Joanna Kruczkowska, Regional Court Judge

Judges:                           Joanna Bitner, Regional Court Judge;

Andrzej Lipiński, District Court Judge (delegated)

having examined on 24^th January 2017, in Warsaw, at a session in camera, in group 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 Newspaper (…) – national edition, of an announcement with the following content:

NOTICE OF COMMENCEMENT OF GROUP PROCEEDINGS

Proceedings have been initiated before the Regional Court in Warsaw, 3rd Civil Division, pursuant to the Act of 17^th December 2009 on the Pursuing of Claims in Group 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 order the defendant (…) Bank (…) S.A. with its registered office in W. to pay the amounts of (…) PLN on account of each member of the subgroup (…), in the amount of PLN (…) on account of each member of the subgroup (…), in the amount of PLN (…) on account of each member of the subgroup (…), in the amount of PLN (…) on account of each member of the subgroup (…), on the basis of contributions unduly collected by the defendant for low-contribution insurance on the grounds 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 group proceedings 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 prohibited by the Regional Court in Warsaw – 17^th Division for Competition and Consumer Protection in its judgment of 6^th August 2009, entered under number (…) in the register of prohibited clauses kept by the President of the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów);
4. he suffered damage in connection with the collection of a fee for low-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 group E. D. This statement shall be submitted to the address of its representatives:

Legal counsel J. S.

Law Office of Legal Counsels J. S. and Associates LP

ul. (…), (…)-(…) L.

tel. (…),

Alternatively, legal counsel K. J.

Law Office of Legal Counsel 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 group 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 Act on Pursuing of Claims in Group Proceedings. A template of the necessary documents is made available by the Law Office of the attorney of the group representative on the website (and/or by the Group by other means).

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

1. a one-time flat fee in the amount of

• PLN (…) for the first instance and complaint proceedings;
• PLN (…)for the second instance
• PLN (…) for drafting the appeal in cassation and/or appearing before the Supreme Court.

2. a success bonus in the amount of (…) of the amount validly 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 group statement of claim.