Judgment of the Regional Court in Wrocław, 1st Civil Division, dated 26th November 2021
I C 748/17

1. The provisions of Article 5 of the Act on Pursuing Claims in Group Proceedings do not contain “separate provisions” on the principles of reimbursement of costs of the proceedings, and therefore it is impossible to oblige the defendant under them to reimburse the plaintiff for costs of the proceedings so significantly exceeding the amount of the minimum rates of attorney at law and legal counsel fees. The possible adoption of a different concept would have to result in a violation of the principle of equality of parties, because if the claim was dismissed, the defendant would remain entitled to reimbursement of the costs of legal representation only in the amount resulting from the applicable minimum rates of fees for the activities of attorneys at law and legal counsels.

The Regional Court in Wrocław, 1st Civil Division, composed of:

Presiding judge: Dominika Romanowska, Regional Court Judge

having examined at a session in camera on 26th November 2021 in Wrocław the case brought by M.G. as a representative of a group, consisting of: [data of 21 group members] against (…) LLC LP with its registered office in I. for payment,

1. order the defendant (…) LLC LP based in I. to pay in favor of:
   i. B. (1) and M. W. the amounts of PLN 5,670.00 (five thousand six hundred and seventy zlotys) each,
   ii. G. and J. W. the amounts of PLN 5,215 (five thousand two hundred and fifteen zlotys) each,
   iii. J., A. R. and A. B. (1) amounts of PLN 4,778.50 each (four thousand seven hundred and seventy-eight zlotys fifty cents),
   iv. B. (2) and A. B. (2) a total of PLN 5,171.00 (five thousand one hundred and seventy-one zlotys),
   v. G. and D. G. a total of PLN 5,678.50 (five thousand six hundred and seventy-eight zlotys fifty cents),
   vi. Ł. P. and M. L. a total of PLN 5,461.00 (five thousand four hundred and sixty-one zlotys),
   vii. M. and F. M. total amount of PLN 5,913.00 (five thousand nine hundred and thirteen zlotys),
   viii. M. and P. M. a total of PLN 5,163.50 (five thousand one hundred and sixty-three zlotys fifty cents),
   ix. N. (1) and M. N. (2) a total of PLN 4,778.50 (four thousand seven hundred and seventy-eight zlotys fifty cents),
   x. S. (1) and K. S. a total of PLN 5,829.00 (five thousand eight hundred and twenty-nine zlotys);
2. dismisses further claims;
3. orders the defendant (…) LLC LP with its seat in I. to pay in favor of the representative of the group – plaintiff M. G. PLN 1,973.50 of costs of the trial;
4. orders the defendant (…) LLC LP with its registered office in I. and the representative of the group – the plaintiff M. G. – to pay in favor of the State Treasury – the Regional Court in Wrocław – PLN 311.80 each as reimbursement of expenses temporarily incurred by the State Treasury.