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:

1. Up to PLN 500 – PLN 90;
2. above 500 zł to 1500 zł – 270 zł;
3. above PLN 1,500 to PLN 5,000 – PLN 900;
4. above 5000 zł to 10 000 zł – 1800 zł;
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 5,000,000 zlotys – 25,000 zlotys,

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.

The District Court in Szczecin I Civil Division in the following composition:

Presiding Judge:           SSR (del.) Tomasz Cegłowski

having recognized on September 29, 2020 in S. at a closed session the case of the action of B. D. and others against the Housing Cooperative (…) with headquarters in S. group proceedings on the request of SSO P. M. for exclusion from consideration of the case

decides:

pursuant to Article 49 of the Code of Civil Procedure in connection with Article 51 of the Code of Civil Procedure and Article 52 of the Code of Civil Procedure to exclude SSO P. M. from hearing the present case.

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.”

District Court in Poznań, 1st Civil Division, in the following composition:

Presiding Judge:           SSO Katarzyna Jelewska-Sterczała

Judges:                            SSO Urszula Jabłońska – Maciaszczyk, SSO Agnieszka Wieczorek

having recognized on November 24, 2020 in Poznań at the hearing the case from the action of J. P. against (…) Spółka Akcyjna with its registered seat in (…) for determination

decides:

to recognize the case in group proceedings.

District Court in Opole, 1st Civil Division, in the following composition:

Presiding Judge:           SSO Beata Hetmańczyk

Juudges:                      SO Bogusław Kamiński, SO Izabela Bogusz

after hearing on May 24, 2021 in Opole the case from the action of [data 19 persons] against (…) Sp. z o.o. with its registered office in Opole for payment

decides:

to recognize the case in group proceedings.

District Court in Opole I Civil Division in the following composition:

Presiding Judge:           SSO Beata Hetmańczyk

having examined on April 6, 2022 in Opole at a closed session the case from the action of A.C. – representative of the group and [data 18 persons] against (…) Sp. z o.o. with its registered office in Opole for payment

decides:

to exclude from the group A.K. deceased on (…).

District Court in Opole, 1st Civil Division, in the following composition:

Presiding Judge:           SSO Beata Hetmańczyk

having recognized on November 4, 2021 in Opole at a closed session the case of the action of [data 19 persons] against (…) Sp. z o.o. with its registered office in Opole for payment

decides:

determine that the following persons are members of the class: [data 19 persons].

1. A case in a group proceeding shall be heard by a court of three professional judges in accordance with Article 3(2) of the Law on Class Action. Article 15 zzs1 1 item does not apply to cases heard in group proceedings. 4 of the Law of March 2, 2020 on Special Arrangements Relating to the Prevention, Prevention and Control of COVID-19, Other Infectious Diseases and Emergencies Caused by Them, during the period of the epidemic emergency or the state of epidemics declared due to COVID-19 and within one year after the last one is revoked, according to which the court shall adjudicate with a single judge only in cases adjudicated according to the provisions of the Code of Civil Procedure. Class proceedings are conducted in accordance with the provisions of the Law on the Investigation of Claims in Group Proceedings, and the fact that, in accordance with Article 24(1) of that law, the provisions of the Code of Civil Procedure apply to the extent not regulated therein, is irrelevant. This is because the composition of the court hearing the case in group proceedings is directly regulated in the Law on Pursuing Claims in Group Proceedings, hence the reference to the provisions of the Code of Civil Procedure with regard to the composition of the court is not.

District Court in Łódź, 1st Civil Division, composed of:

Presiding Judge:           SSO Paweł Barański

Judges:                           SSO Marzena Kluba, SSO Anna Jóźwiak

having heard on January 12, 2022 in Łódź a case brought by the Municipal Consumer Ombudsman in W., acting on behalf of class members: [data 1,714 class members] against (…) Spółka Akcyjna with its registered office in W. for determination

1. dismisses the claim for establishing that the mortgage loan agreements valorized with the exchange rate of the Swiss franc (…), concluded by (…) Spółka Akcyjna with its registered office in W. (formerly (…) Bank Spółka Akcyjna with its registered office in W.), with the group members named in the operative part of the judgment, are invalid in the part regulating the valorization of the loan repayment with the exchange rate of the Swiss franc (…), i.e. that the provisions of the agreements listed in item. IV of the lawsuit;
2. dismisses the claim for determining that the mortgage loan agreements described in paragraph 1 of the judgment are invalid in their entirety;
3. does not charge the plaintiff with the obligation to reimburse the defendant for the costs of the trial.