Decision of the Regional Court in Warsaw, 25th Civil Division, dated 25th May 2018
XXV C 884/18

The Regional Court in Warsaw, 25^th Civil Division, composed of:

Presiding Judge:           Anna Blażejczyk, Regional Court Judge

Judges:                           Dorota Kalata, Regional Court Judge;

Paweł Duda, Regional Court Judge

having recognized on 25^th May 2018 in Warsaw, at a session in camera, the case of a group action brought by the Poviat Consumer Protection Ombudsman in S. against (…) JSC with its seat in W. for determination,

decides to:

order the announcement of the commencement of group proceedings in the present case in the daily newspaper “(…)” with the following content:

“Before the Regional Court in Warsaw, 25^th Civil Division, in the case ref. no XXV C 884/18, group proceedings were initiated under the Act of 17^th December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2010 No. 7, item 44) arising from the action brought by the Poviat Consumer Protection Ombudsman in S. as the representative of the group against (…) JSC with its seat in W.

The Poviat Consumer Protection Ombudsman in S., as representative of the group, requested that the liability of the defendant (…) JSC, headquartered in W., be established with respect to damages suffered by group members due to the defendant’s practice of violating the collective interests of consumers by:

1. failing to provide consumers interested in purchasing real estate in the (…) hotel construction project in O. offered through (…) JSC, with reliable and complete information regarding the risks associated with investing money under the described product, and displaying only the benefits of investing in the purchase of the real estate in question;
2. misleading consumers about the availability of units in the investment in question by informing them that there were only a few units left for sale, when in fact the number of available units was much greater, thus causing pressure on the consumer and forcing him to make a quick decision that he would not otherwise have made;
3. withholding or failing to clearly communicate information regarding the offered product regarding the current status of the investment and any risks associated with the purchase of the product causing or likely to cause the consumer to make a decision he would not have otherwise made;
4. claiming that the product in question would only be available for a very limited time or that it would be available under certain conditions for a very limited time while this was untrue and intended to induce the consumer to make an immediate decision regarding the purchase of the product and depriving him of the opportunity to make an informed product choice.

Any person whose claim may be covered by this group action may join this case by submitting a written statement of joining the group within a maximum period of three months from the date of publication of this notice and sending it to the representative of the group – the Poviat Consumer Protection Ombudsman in S. (address for service: legal counsel A. B., Legal Counsel’s Office, st. (…), (…)-(…) G.).

Joining the group after the above deadline is inadmissible.

Submission of a declaration to join the group is tantamount to consenting to the Poviat Consumer Protection Ombudsman in S. acting as a representative of the group and to the rules of remuneration of the plaintiff’s attorney.

The rules of plaintiff’s attorney’s fees are set as follows:

Remuneration for actions taken by the attorney before the court of first instance, the prosecutor’s office and the Office of Competition and Consumer Protection shall be determined in an amount depending on the amount of the claim of each member of the group in accordance with the following scheme:

1. at the amount of the claim up to PLN 100,000 – PLN 7,200 net + 23% VAT – a total of PLN 8,856 gross;
2. at the amount of the claim from PLN 100,001.00 to PLN 200,000 – PLN 14,400 net + 23% VAT – a total of PLN 17,712 gross;
3. at the amount of the claim from PLN 200,001 to PLN 300,000 – PLN 21,600 net + 23% VAT – a total of PLN 26.568 gross;
4. at the amount of the claim from PLN 300.001 to PLN 400.000 – PLN 28.800 net + 23% VAT – a total PLN 35.424 gross.

Remuneration will be increased by PLN 7.200 PLN net + 23% VAT – total PLN 8.856 gross for each PLN 100.000 of the claim exceeding the amount of PLN 400.000.

The law office and the group member provide for the possibility of determining additional remuneration in the form of a success bonus in the amount not exceeding 20% of the amount of the group member’s claim.

The final judgment shall have effect against all group members, i.e., persons who, before the expiration of the period specified in this announcement, send a signed declaration of joining the group and will be included in the court’s decision determining the composition of the group.”.