The Regional Court in Poznań, 1st Civil Division, composed of:
Presiding Judge: Katarzyna Jelewska-Sterczała, Regional Court Judge
having examined on 31st August 2021 in Poznań at a session in camera the case brought by [data of 31 persons] against (…) joint-stock company with its registered office in P. for determination
decides to:
order the posting of a notice of the commencement of group proceedings for a period of 21 days on the Public Information Bulletin website of the Regional Court in Poznań, as well as on the website of the defendant (…) joint-stock company with its registered office in P. with the following wording:
“Before the Regional Court in Poznań, in the 1st Civil Department, group proceedings were initiated, pursuant to the Act of 17th December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws No. 7 of 2010, item 44, as amended) arising from the lawsuit of J. P., acting as a representative of the group, against (…) joint-stock company with its registered office in P, file reference I C 1987/19. J. P., as the representative of the group, requested determination that the defendant is liable in principle for damages to the plaintiff and the Group Members for the damage caused to them for non-performance and improper performance of duties that were incumbent on it as the entity managing the (…) Fund, whereas the value of damages should be determined according to the principle of PLN 54.38 for each certificate subject to redemption during the liquidation of the Fund, and also requested ordering the defendant to reimburse the plaintiff for the costs of litigation, including the costs of legal representation according to prescribed standards. In substantiating his claim, the group representative accused the defendant of failing to dispose of the assets within the time limit set by the statute and deciding to extend the Fund’s operations, which resulted in a 45% depreciation in the value of the assets. He stated that the liquidator – (…) JSC, with its registered office in K. – paid the participants the so-called certificate redemption value of PLN 64.68 each. He mentioned that, consequently, on the part of the Fund’s participants, this generated a real loss of PLN 54.38 (PLN 119.06 – PLN 64.68).
Any person who entered into a contract for the purchase of certificates of the (…) Fund, the subscription of which took place in May and June 2004, and finds that his/her claim may be covered by this group action, may join the case by filing a written statement. The statement must be submitted to the group representative, J. P., through the Law Office of Attorney A.N., st. (…) P., within two months from the date of publication of this notice.
Joining the group after the above deadline is inadmissible.
Submission of a declaration to join the group is tantamount to consenting to J. P. acting as a group representative and to the rules of remuneration of the attorney. The remuneration of the representative’s attorney is PLN 738 as a basic fee for handling the case on behalf of each group member. In the event of an adjudicatory judgment in favor of group members or in the event of a settlement (judicial or extrajudicial), the attorney will receive an additional fee of 15% of the gross amount of the benefit obtained by each group member, calculated as the sum of the principal and interest.
The final judgment shall have effect against all group members who will successfully file a declaration to join the group proceedings and will be included in the court decision determining the composition of the group.”