Order of the District Court in Warsaw, 1st Civil Division, dated February 10, 2022
I C 2182/21

District Court in Warsaw, 1st Civil Division, composed of:

Presiding Judge: SSO Tadeusz Bulanda

Having recognized on February 10, 2022 in Warsaw, at a closed session, the case of the claim of 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 District Attorney in Warsaw for determination,

decides:

Order the announcement in:

1. the Public Information Bulletin of the Warsaw District Court,
2. Public Information Bulletin of the Ministry of Climate and Environment,
3. the Public Information Bulletin of the Ministry of State Assets,
4. on the website of the Law Office of Legal Counsel R. G. about the initiation of group proceedings

with the following content:

“Before the District Court of Warsaw, First Civil Division, file number I C 2182/21, there is a group proceeding under the Act of December 17, 2009 on the assertion of claims in group proceedings (i.e., Journal of Laws of 2020, item 446) with a claim 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 District Attorney in Warsaw, for establishing that the State Treasury is liable to the plaintiff and members of the class for damages, including non-material damage, in connection with the occurrence in Poland of:

1. exceedances of the limit values for concentrations of PM 10, which occurred in the period from June 11, 2011 to September 1, 2019,
2. exceedances of the limit values for concentrations of PM 2.5, which occurred in the period from January 1, 2015 to September 1, 2019

Any person whose claim may be covered by a class action (a claim of the same type as described above, based on the same or the same factual basis) may join the case by filing a written declaration of joining the class within a maximum period of three months from the date of publication of this notice and forwarding it to the class representative – K. A., through legal counsel R. G. (address for service: Kancelaria Radcy Prawnego R. G., ul. (…), (…)-(…) W., e-mail: (…)).

Joining the group after the above deadline is not permitted.

In accordance with the agreement concluded on December 17, 2018 in W. by the representative of the group K. A. with attorney legal counsel R. G.:

1. the attorney does not charge a fee to the group representative,
2. 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 assignment agreement concluded with each of the group members,
3. for the performance of the assignment agreement concluded with each class member, the attorney shall be entitled from each class member to a lump sum remuneration in the gross amount of PLN 246,
4. additional attorney’s fee shall be the costs of legal representation awarded and enforced from the defendant in favor of the class representative,
5. all court fees, advances and deposits shall be borne by the class members in equal parts depending on the number of class members.

The final judgment shall have effect against all class members, i.e. persons who, before the expiration of the time limit indicated in this notice, file a declaration of joining the class and are included in the court order determining the composition of the class.”