Case law > Judgment of the District Court in Opole, 1st Civil Division, dated September 5, 2022

Judgment of the District Court in Opole, 1st Civil Division, dated September 5, 2022
I C 235/19

  1. The subject matter of the dispute in a class proceeding is the sum of the individual claims of individual plaintiffs – members of the class, of one type, based on identical factual and legal grounds.
  2. The legitimacy of conducting a trial under the group procedure is decided by a separate decision.

The District Court in Opole, 1st Civil Division, in the following composition:

Presiding judge: Judge (del.) Marcin Ilków

Having recognized on September 5, 2022 in Opole, at a closed session, the case from the action of E. L. (1), P. L., B. N. (1), P. N. (1), A. W. (1), T. W. (1), E. M. (1), J. M. (1), S. W. (1), E. W. (1), S. W. (2), B. W. (1), K. S. (1), M. S. (1), Z. S. (1), M. K. (1), S. S. (1), A. P. (1), R. S. (1), A. O. and D. K. v. (…) Sp. z o.o. with its registered office in O. for payment

I. award the defendant (…) Sp. z o. o. with its registered office in O. to:

  1. (1) the amount of PLN 8,044 (eight thousand forty-four zlotys) with statutory default interest calculated from April 21, 2018 to the date of payment;
  2. the amount of PLN 8,044 (eight thousand forty-four zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  3. (1) the amount of PLN 7,484 (seven thousand four hundred and eighty-four zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  4. (1) the amount of PLN 7,484 (seven thousand four hundred and eighty-four zlotys) with statutory default interest calculated from April 21, 2018 to the date of payment;
  5. (1) the amount of PLN 9,431 (nine thousand four hundred and thirty-one zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  6. (1) the amount of PLN 9,431 (nine thousand four hundred and thirty-one zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  7. (1) the amount of PLN 8,284 (eight thousand two hundred and eighty-four zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  8. (1) the amount of PLN 8,284 (eight thousand two hundred and eighty-four zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  9. (1) the amount of PLN 7,524 (seven thousand five hundred and twenty-four zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  10. (1) the amount of PLN 7,524 (seven thousand five hundred and twenty-four zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  11. (2) the amount of PLN 7,524 (seven thousand five hundred and twenty-four zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  12. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory default interest calculated from April 21, 2018 to the date of payment;
  13. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  14. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  15. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  16. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  17. (1) the amount of PLN 8,014 (eight thousand fourteen zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  18. (1) the amount of PLN 8,614 (eight thousand six hundred and fourteen zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  19. (1) the amount of PLN 8,614 (eight thousand six hundred and fourteen zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;
  20. the amount of PLN 7,424 (seven thousand four hundred and twenty-four zlotys) with statutory interest for delay calculated from April 21, 2018 until payment;
  21. the amount of PLN 7,424 (seven thousand four hundred and twenty-four zlotys) with statutory interest for delay calculated from April 21, 2018 until the date of payment;

II. awards from the defendant (…) Sp. z o. o. with its registered office in O. to the plaintiffs, to the group representative E. L. (1), the amount of PLN 39,638.78 (thirty-nine thousand six hundred and thirty-eight zlotys 78/100) for reimbursement of legal costs, including the amount of PLN 28,413 (twenty-eight thousand four hundred and thirteen zlotys) for reimbursement of legal representation costs, with statutory interest for delay calculated from the date of the judgment becoming final until the date of payment.