Order of the District Court in Warsaw, 1st Civil Division, dated October 23, 2012
I C 132/12
District Court in Warsaw, 1st Civil Division, composed of:
Presiding Judge: SSO Alicja Fronczyk
Judges: SSO Bożena Jaskuła, SSO Jacek Bajak
Having recognized on October 23, 2012 in Warsaw, at a closed session, the case filed by B. C. – representative of the class acting for [data 41 of the class members] against the State Treasury represented by the Minister of Health for determination,
decides:
- Order an announcement in the newspaper (…) about the commencement of class proceedings, with the following content: “Before the District Court of Warsaw, First Civil Division, proceedings are pending at the suit of B. C. as a representative of a group consisting of: [details of 41 class members] against the State Treasury represented by the Minister of Health, the object of which is to establish the liability of the defendant for damage caused to the members of the class by a tort, consisting of the enactment of unlawful normative acts of fundamental rank, in the form of the Ordinance of the Minister of Health of February 2, 2009 on the criteria for the classification of medicinal products , which may be authorized for marketing in non-pharmacy outlets and pharmacy points, in the wording established by the Ordinance of the Minister of Health of September 11, 2009, and the Ordinance of the Minister of Health of October 6, 2009, on the list of medicinal products which may be authorized for marketing in non-pharmacy outlets and pharmacy points – i.e. The damage consists of a reduction in business income as a result of the narrowing of the list of drugs that could be traded in pharmacy outlets compared to the period before the introduction of the indicated regulations. The legal basis for the claim is the provisions of the Civil Code Act of April 23, 1964 (Journal of Laws 1964.16.93, as amended), which normalize the State Treasury’s liability for tort (Article 417 (1) § 1 of the Civil Code).
The group may be joined by persons who wish to assert a claim of the same type as those indicated above, based on the same or the same factual basis, by submitting to the group’s representative, within three months from the date of the announcement, a written statement on joining the group. The remuneration payable to the representative shall include: 1) the amount of PLN 600 from each member of the class, which shall be transferred to him by the Chamber of Commerce (…) out of the amount of PLN 1,500 to be paid to this entity by each person intending to join the class, as a fee payable in advance for the preparation of the class action and the conduct of the class proceedings, 2) additional financial remuneration, from the costs of the proceedings, the reimbursement of which shall be legally awarded to the plaintiff, within the limits of this award, but not more than PLN 900 from each member of the class. The attorney’s fee covers the conduct of the main proceedings and any bump-up proceedings within one full course of proceedings (one main proceeding and related bump-up proceedings in the first instance, one main proceeding and related bump-up proceedings in the second instance, and one main proceeding and related bump-up proceedings before the Supreme Court). If the proceedings go beyond the above-mentioned framework, the parties shall separately determine the amount of additional fees in accordance with the expected workload. The attorney shall not undertake to pay or bear any responsibility for the payment of any costs related to the proceedings and shall not be liable for the negative consequences of failure to pay court costs on time. A final judgment has a binding effect on all class members. Persons who wish to join the proceedings in question are requested to send an application to the group representative through his attorney, i.e. to: “radca prawny T. J., S.D. O. Kancelaria Prawnicza Sp. k., (…), (…)-(…) W.”;
- call on the plaintiff to pay (to the Cashier of the District Court in Warsaw) the amount of PLN 3,000 (three thousand zlotys), as an advance for the costs of the announcement of the commencement of group proceedings, within 2 weeks.
