Order of 19th October 2018
XXVI GC 619/17

On 19^th October 2018

File ref. no. XXVI GC 619/17

ORDER

1. Kindly order the publication of the ‘Announcement on commencement of group proceedings’ with the following content once in the daily paper (…) in accordance with the offer sent on 3^rd October 2018 (attach the e-mail) and its point 2 – advertisement pages – an announcement for the price of PLN (…)net (15 modules – font 9 points). Kindly send us a copy of the daily paper in which the announcement was published.

Announcement on the commencement of group proceedings

Before the Regional Court in Warsaw 26^th Commercial Division under the Act of 17 December 2009 on Pursuing Claims in Group Proceedings, a class action for payment was initiated by the group representative – T. G. acting on his own and on behalf of the group members against (…) sp. z o.o. with its registered office in W., K. J. and P. J. (defendants), file ref. no. XXVI GC 619/17.

Pursuant to Article 2.3 of Act on Pursuing Claims in Group Proceedings, T. G. as a group representative claimed for the establishment that the defendants are jointly liable for the damage incurred by the Group Members (former shareholders of the company (…) S.A. covered by a squeeze out procedure related to 100,069,611 shares which represent (…) share capital of the company (…) S.A., implemented on 31^st May 2016 as a result of the company’s notice). The damage consists of receiving, in the squeeze out procedure, a share price which was not an equivalent of its fair value, in particular by spreading false information on its assets value and presenting this value on the lower rate than its market value by the Management Board of the company (…) S.A. in the consolidated financial statements of capital group (…) S.A.. As a consequence, the squeeze out price PLN (…)per share was wrongly assumed in the declaration of the Management Board of (…) S.A. on 16^th March 2016 as a fair value.

Each person, who was covered by the squeeze out procedure related to 100,069,611 shares representing (…) share capital of the company (…) S.A., implemented on 31^st May 2016 as a result of the company’s notice, i.e. suffered damage consists of receiving a share price which was not an equivalent of its fair value in the squeeze out procedure, may join the group in the present group proceedings by submitting a declaration on joining the group.

The declaration should be submitted to the group representative – T. G., via the (…)law office sp. k. within a non-extendable three-month term as of the date of notification hereof.

After the lapse of the abovementioned term, joining the group will be inadmissible.

(…)

2. After receiving an invoice, pay the price for the announcement in the ‘RP’ daily paper from the advance paid by the plaintiff.
3. Subsequently send an obligation to indicate at what stage the proceedings in the case of file ref. no. PO II Ds. 46.2017 are currently in and to send copies of all issued decisions together with reasonings, records of examination of witnesses or suspects, and in the case of an expert opinion, also a copy thereof, to the District Prosecutor’s Office (as in the order on page 3,686) on the correct address: District Prosecutor’s Office in W. – (…) ul. (…) (…) W.
4. calendar 30 days.

Karolina Toczyńska, Regional Court Judge