Decision of the Regional Court in Warsaw, 3rd Civil Division, dated January 31, 2017
III C 171/16

The Regional Court in Warsaw, Third Civil Division, composed of the following:

Presiding Judge: SSO Joanna Korzeń

Judges: SSO Joanna Kruczkowska, SSO Joanna Bitner (rapporteur)

having examined in closed session on January 31, 2017, in Warsaw, the case brought by M. D. as representative of the group against (…) sp. z o.o. in K. for payment,

decides:

to order the publication of an announcement in the national section of the journal about the initiation of group proceedings with the following content:

“Before the Regional Court in Warsaw, Third Civil Division, case no. Ul C 171/16, proceedings were initiated 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) – brought by M. D. as representative of the group

against (…) sp. z o.o. in K.

for payment.

The group represented by the claimant currently consists of 42 persons, and the value of the dispute is PLN 76,899.

1. D., as the representative of the group, requested the Court to award compensation from the defendant (…) sp. z o.o. in K. to the owners of premises located in the building at ul. (…) in W. for defects in the property, in proportion to their shares in the common property.

Any person whose claim may be covered by this class action (i.e., owners of premises located in the building at ul. (…) in W.) may join the case by submitting a written statement of joining the group within one month of the date of publication of this announcement and forwarding it to the group representative – M. D., address for service: Kancelaria Kancelaria (…).K.,G.S. i Wspólnicy sp.k., os. (…), (…)-(…) K., e-mail: (…)

1. The Law Firm’s remuneration for conducting the proceedings is PLN 10,000 net plus VAT. The remuneration is subject to increase by the amount of legal representation costs awarded by the Court.
2. In the event of termination of the permanent legal services agreement provided by the Law Firm to the Housing Community (…), the amount of remuneration referred to in paragraph 1 shall be doubled.
3. The remuneration for representation before the Court of Second Instance shall amount to half of the amount referred to in paragraph 1, applying the rule specified in paragraph 2.

A final judgment shall be binding on all members of the group, i.e. persons who, before the deadline specified in this announcement, submit a signed statement of accession to the group to the representative and are included in the court’s decision determining the composition of the group.