The Regional Court in Warsaw, 1st Civil Division, composed of:
Presiding Judge: Tadeusz Bulanda, Regional Court Judge
having recognized on 10th February 2022 in Warsaw, at a session in camera, the case brought by K. A. against the State Treasury represented by the Minister of Climate and Environment and the Minister of State Assets with the participation of the Regional Prosecutor in Warsaw for determination,
decides to:
order the announcement in:
a. the Public Information Bulletin of the Regional Court in Warsaw,
b. the Public Information Bulletin of the Ministry of Climate and Environment,
c. the Public Information Bulletin of the Ministry of State Assets,
d. on the website of the Law Office of Legal Counsel R. G. about the initiation of group proceedings
with the following content:
“Before the Regional Court in Warsaw, 1st Civil Division, file number I C 2182/21, there is a group proceeding pending under the Act of 17th December 2009 on Pursuing Claims in Group Proceedings (i.e., Journal of Laws of 2020, item 446) arising from a claim brought by K. A. against the State Treasury represented by the Minister of Climate and Environment and the Minister of State Assets, with the participation of the Regional Prosecutor in Warsaw, for establishing that the State Treasury is liable towards the plaintiff and members of the group for damages, including non-material damage, in connection with the occurrence in Poland of:
a. exceedances of the limit values for concentrations of PM 10, which occurred in the period from 11th June 2011 to 1st September 2019,
b. exceedances of the limit values for concentrations of PM 2.5, which occurred in the period from 1st January 2015 to 1st September 2019.
Any person whose claim may be covered by a group action (a claim of the same type as described above, based on the same or similar factual basis) may join the case by filing a written declaration of joining the group within a maximum period of three months from the date of publication of this notice and forwarding it to the group representative – K. A., through legal counsel R. G. (address for service: Legal Counsel’s Office R. G., st. (…), (…)-(…) W., e-mail: (…)).
Joining the group after the above deadline is not permitted.
In accordance with the agreement concluded on 17th December 2018 in W. by the representative of the group K. A. with attorney legal counsel R. G.:
a. the attorney does not charge a fee to the group representative,
b. the detailed rules of the attorney’s remuneration for providing legal assistance to the group members consisting in providing legal services in the group proceedings, in the proceedings before the court of first and second instance and in the possible cassation proceedings, shall be determined by the contract of mandate concluded with each of the group members,
c. for the performance of the contract of mandate concluded with each group member, the attorney shall be entitled from each group member to a lump sum remuneration in the gross amount of PLN 246 gross,
d. additional attorney’s fee shall be the costs of legal representation awarded and enforced from the defendant in favor of the group representative,
e. all court fees, advances and deposits shall be borne by the group members in equal parts depending on the number of groupo members.
The final judgment shall have effect against all group members, i.e. persons who, before the expiration of the time limit indicated in this notice, file a declaration of joining the group and will be included in the court’s decision determining the composition of the group.”