Judgment of the District Court in Wroclaw, 1st Civil Division, dated November 26, 2021
I C 748/17

1. The provisions of Article 5 of the Class Action Law do not contain “separate provisions” on the principles of reimbursement of litigation costs, and therefore it is impossible to oblige the defendant under them to reimburse the plaintiff for litigation costs so significantly exceeding the amount of the minimum rates of attorney 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 suit 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 and legal advisers.

The District Court in Wroclaw, 1st Civil Division, composed of:

Presiding judge: SSO Dominika Romanowska

having examined at a closed session on November 26, 2021 in Wroclaw the case of an action brought by M.G. as a representative of a group, consisting of: [data of 21 class members] against (…) Sp. z o. o. Sp. k. with its registered office in I. for payment,

Order the defendant (…) Sp. z o.o. Sp. k. based in I. in favor of:

1. (1) and M. W. the amounts of PLN 5,670.00 (five thousand six hundred and seventy zlotys) each,

1. G. and J. W. the amounts of PLN 5,215 (five thousand two hundred and fifteen zlotys) each,
2. J., A. R. and A. B. (1) amounts of PLN 4,778.50 each(four thousand seven hundred and seventy-eight zlotys fifty cents),
3. B. (2) and A. B. (2) a total of PLN 5,171.00(five thousand one hundred and seventy-one zlotys),
4. G. and D. G. a total of PLN 5,678.50 (five thousand six hundred and seventy-eight zlotys fifty cents),
5. Ł. P. and M. L. a total of PLN 5,461.00 (five thousand four hundred and sixty-one zlotys),
6. M. and F. M. total amount of PLN 5,913.00 (five thousand nine hundred and thirteen zlotys),
7. M. and P. M. a total of PLN 5,163.50 (five thousand one hundred and sixty-three zlotys fifty cents),
8. N. (1) and M. N. (2) a total of PLN 4,778.50 (four thousand seven hundred and seventy-eight zlotys fifty cents),
9. 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 (…) Sp. z o.o. Sp. k. with its seat in I. in favor of the representative of the group – plaintiff M. G. PLN 1,973.50 of legal costs;

4. orders the defendant (…) Sp. z o.o. Sp. k. with its registered office in I. and the representative of the class – the claimant M. G. – to pay to the State Treasury – the Regional Court in Wroclaw – PLN 311.80 each as reimbursement of expenses temporarily incurred by the State Treasury