District Court in Szczecin I Civil Division composed of:
Presiding Judge: SSO Barbara Smolska
Judges: SSO Agnieszka Skrzypiec, SSR (del.) Tomasz Cegłowski
after hearing on December 7, 2020 in S. at a closed session the case from the claim of B. D. – representative of the group in group proceedings against the Housing Cooperative (…) in S. for payment
decides:
order an announcement in the daily newspaper “(…)” about the initiation of group proceedings with the following content:
Before the District Court in S., 1st Civil Division, group proceedings have been initiated, pursuant to the Act of December 17, 2009 on Pursuing Claims in Group Proceedings (consolidated text Journal of Laws of2018, item 573) at the suit 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 class, 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 “(…)” settlement, 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 settlements on (…) Street (the so-called (…) settlement) and on (…) Street (the so-called (…) settlement), and after some time of the third “(…)” settlement.
On account of the investments made, the Cooperative obtained certain sums, by way of profits from the sale of building lots in newly established settlements, i.e. satellite settlements in relation to the “(…)” settlement, or the performance of other legal actions, such as the sale of part of the utilities, located under (…) Street to (…) Sp. z o.o. 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 “(…)” estate, including members of the group. Thus, it enriched itself at the expense of the residents of the “(…)” estate without legal basis (Article 410 and nn of the Civil Code in conjunction with Article 1(2) of the Act of December 17, 2009 on the enforcement of 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 and nn of the Civil Code, in conjunction with Article 1(2) of the Act of December 17, 2009 on Pursuing Claims in Group Proceedings).
The exact scope of the demands, including the circumstances justifying the claim in question, together with all means of proof, were indicated directly in the body of the lawsuit.
he person whose claim may be covered by the above-described class action may join the case by filing a written declaration of joining the class within a maximum period of two months from the date of publication of this notice and sending it to the class 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. D. and to the rules of remuneration of the representative. The attorney’s fee from each class member consists of a lump sum, indicated in § 2 of the Regulation of the Minister of Justice of October 22, 2015 on attorney’s fees, which amount at the gross value of the subject matter of the case:
as remuneration for the proceedings in the first instance and 50% of the minimum rate, and if the same lawyer 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 class, that is, persons who, before the expiration of the time limit indicated in this notice, send a signed declaration of joining the class and are included in the court order determining the composition of the class.