District Court in Poznań, 1st Civil Division, in the following composition:
Presiding Judge: SSO Katarzyna Jelewska-Sterczała
having examined on August 31, 2021 in Poznań at a closed session the case of the action [data 31 persons] against (…) spółka akcyjna 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 BIP website of the District Court in Poznań, as well as on the website of the defendant (…) spółka akcyjna with its registered office in P. with the following wording:
“Before the District Court in Poznań, in the First Civil Department, group proceedings were instituted, pursuant to the Act of December 17, 2009 on Pursuing Claims in Group Proceedings (Journal of Laws No. 7 of 2010, item 44, as amended) at the suit of J. P., acting as a representative of the group, against (…) spółka akcyjna with its registered office in P, File reference I C 1987/19. J. P., as representative of the group, requested that it be established 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. …), with the value of damages to be determined according to the principle of PLN 54.38 for each certificate subject to redemption during the liquidation of the Fund, and also for an order that the defendant reimburse the plaintiff for the costs of litigation, including the costs of legal representation according to prescribed standards. In substantiating his claim, the class 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 – (…) S.A., based 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 claim may be covered by this class action, may join the case by filing a written statement. The statement must be submitted to the class representative, J. P., through the Law Office of Attorney A.N., (…) P. Street, 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 class representative and to the rules of remuneration of the representative. The remuneration of the representative’s attorney is PLN 738 as a basic fee for handling the case on behalf of each class member. In the event of an adjudicatory judgment in favor of class 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 class member, calculated as the sum of the principal and interest.
The final judgment shall have effect against all class members who successfully file a declaration to join the class proceeding and are included in the court order determining the composition of the class.”