Case law > Decision of the Regional Court in Szczecin, 1st Civil Division, dated 7th December 2020

Decision of the Regional Court in Szczecin, 1st Civil Division, dated 7th December 2020
I C 1449/19

The Regional Court in Szczecin, 1st Civil Division, composed of:

Presiding Judge:           Barbara Smolska, Regional Court Judge

Judges:                            Agnieszka Skrzypiec, Regional Court Judge;

Tomasz Cegłowski, District Court Judge (delegated)

having examined on 7th December 2020 in S. at a session in camera the case brought by B. D. – representative of the group in group proceedings against the Housing Cooperative (…) in S. for payment

decides to:

order an announcement in the daily newspaper “(…)” about the initiation of group proceedings with the following content:

Before the Regional Court in S., 1st Civil Division, group proceedings have been initiated, pursuant to the Act of 17th December 2009 on Pursuing Claims in Group Proceedings (consolidated text Journal of Laws of 2018, item 573) arising from the lawsuit of Ms. B. D., as a representative of the group, against the Housing Cooperative (…) with its seat in S., file reference I C 1449/19.

The plaintiff B. D., as representative of the group, requested that the Court order the defendant Housing Cooperative (…), based in S., to pay a total sum of money of PLN 135,000 with statutory interest for delay.

Individual members of the group are entitled to ownership of real estate located in the “(…)” housing development, in the (…) district of S., built by the Housing Cooperative (…) in S. with funds contributed by the residents of the development, as a construction contribution. The cooperative, on the basis of the relevant agreements, concluded with the members of the group, among others, built and then transferred ownership of the single-family houses together with the building plots on which the houses were sited. In support of the construction of the housing in question and the completion of the development of the construction plots, including road plots, the residents of the “(…)” estate made payments of certain monetary amounts as construction contributions. The cooperative allocated the sums of money so received in part to the construction of houses and the construction of utilities for the “(…)” housing development, but spent part of the amounts received on the purchase of additional building lots, their development and the organization on newly purchased land of two other housing developments on (…) Street (the so-called (…) development) and on (…) Street (the so-called (…) development), and after some time of the third “(…)” development.

On account of the investments made, the Cooperative obtained certain sums, by way of profits from the sale of building lots in newly established housing developments, i.e. satellite developments in relation to the “(…)” development, or the performance of other legal actions, such as the sale of part of the utilities, located under (…) street to (…) LLC in S, in detail in the justification of the lawsuit, and accounted only in part for the income so generated to the residents of the “(…)” development, including members of the group. Thus, it enriched itself at the expense of the residents of the “(…)” development without legal basis (Article 410 et seq of the Civil Code in conjunction with Article 1 Section 2 of the Act of 17th December 2009 on Pursuing Claims in Group Proceedings).

In addition, the Cooperative, without a legal basis, charged the residents of the “(…)” housing estate with the entire cost of administration and maintenance of (…) Street, the main thoroughfare for access to the aforementioned housing estates and the properties located therein, thereby leading to depletion of the assets of the residents of the “(…)” housing estate and enrichment at their expense (Articles 410 et seq of the Civil Code, in conjunction with Article 1 Section 2 of the Act of 17th December 2009 on Pursuing Claims in Group Proceedings).

The exact scope of the demands, including the circumstances justifying the claim in question, together with all evidence, were indicated directly in the content of the lawsuit.

Every person whose claim may be covered by the above-described group action may join the case by filing a written declaration of joining the group within a maximum period of two months from the date of publication of this notice and sending it to the group representative – B. D., address for service (…), (…) Street, (…).

A ready-made template of the statement on joining the group is available on the website (…)

Joining the group after the above deadline is not permitted.

Submission of the statement on joining the group is tantamount to consenting to Ms. B.’s acting as a representative of the group and to the rules of remuneration of the attorney. The attorney’s fee from each group member consists of a lump sum, indicated in § 2 of the Regulation of the Minister of Justice of 22nd October 2015 on Attorney’s Fees, which amount at the gross value of the subject matter of the case:

  1. up to PLN 500 – PLN 90;
  2. above PLN 500 to PLN 1,500 – PLN 270;
  3. above PLN 1,500 to PLN 5,000 – PLN 900;
  4. above PLN 5,000 to PLN 10,000 – PLN 1,800;
  5. above PLN 10,000 to PLN 50,000 – PLN 3,600;
  6. above PLN 50,000 to PLN 200,000 – PLN 5,400;
  7. above PLN 200,000 to PLN 2,000,000 – PLN 10,800;
  8. above PLN 2,000,000 to PLN 5,000,000 – PLN 15,000;
  9. above PLN 5,000,000 – PLN 25,000,

as remuneration for the proceedings in the first instance and 50% of the minimum rate, and if the same attorney-at-law did not conduct the case in the first instance – 75% of the gross minimum rate for the proceedings in the second instance, if there are proceedings in the second instance.

The final judgment shall have effect against all members of the group, that is, persons who, before the expiration of the time limit indicated in this notice, will send a signed declaration of joining the group and will be included in the court decision determining the composition of the group.