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

Written by

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.

Decision of the Regional Court in Szczecin, 1st Civil Division, dated 29th September 2020

Written by

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

Presiding Judge:               Tomasz Cegłowski, District Court Judge (delegated)

having recognized on 29th September 2020 in S. at a session in camera the case brought by B. D. and others against the Housing Cooperative (…) with its registered office in S. group proceedings regarding the request of P. M., Regional Court Judge, for exclusion from consideration of the case

decides to:

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 P. M., Regional Court Judge, from hearing the present case.

Decision of the Regional Court in Poznań, 1st Civil Division, dated 31st August 2021

Written by

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

Presiding Judge:             Katarzyna Jelewska-Sterczała, Regional Court Judge

having examined on 31st August 2021 in Poznań at a session in camera the case brought by [data of 31 persons] against (…) joint-stock company 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 Public Information Bulletin website of the Regional Court in Poznań, as well as on the website of the defendant (…) joint-stock company with its registered office in P. with the following wording:

“Before the Regional Court in Poznań, in the 1st Civil Department, group proceedings were initiated, pursuant to the Act of 17th December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws No. 7 of 2010, item 44, as amended) arising from the lawsuit of J. P., acting as a representative of the group, against (…) joint-stock company with its registered office in P, file reference I C 1987/19. J. P., as the representative of the group, requested determination 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, whereas the value of damages should be determined according to the principle of PLN 54.38 for each certificate subject to redemption during the liquidation of the Fund, and also requested ordering the defendant to reimburse the plaintiff for the costs of litigation, including the costs of legal representation according to prescribed standards. In substantiating his claim, the group 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 – (…) JSC, with its registered office 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/her claim may be covered by this group action, may join the case by filing a written statement. The statement must be submitted to the group representative, J. P., through the Law Office of Attorney A.N., st. (…) P., 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 group representative and to the rules of remuneration of the attorney. The remuneration of the representative’s attorney is PLN 738 as a basic fee for handling the case on behalf of each group member. In the event of an adjudicatory judgment in favor of group 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 group member, calculated as the sum of the principal and interest.

The final judgment shall have effect against all group members who will successfully file a declaration to join the group proceedings and will be included in the court decision determining the composition of the group.”

Decision of the Regional Court in Poznań, 1st Civil Division, dated 8th December 2020

Written by

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

Presiding Judge:           Katarzyna Jelewska-Sterczała, Regional Court Judge

Judges:                            Urszula Jabłońska-Maciaszczyk, Regional Court Judge;

Agnieszka Wieczorek, Regional Court Judge

having recognized on 24th November 2020 in Poznań at a hearing the case brought by J. P. against (…) Joint-Stock Company with its registered office in (…) for determination

decides to:

hear the case in group proceedings.

Decision of the Regional Court in Opole, 1st Civil Division, dated 24th May 2021

Written by

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

Presiding Judge:           Beata Hetmańczyk, Regional Court Judge

Jurors:                            Bogusław Kamiński, Regional Court Juror;

Izabela Bogusz, Regional Court Juror

having examined at a hearing on 24th May 2021 in Opole the case brought by [data of 19 persons] against (…) LLC with its registered office in Opole for payment

decides to:

recognize the case in group proceedings.

Decision of the Regional Court in Opole, 1st Civil Division, dated 6th April 2022

Written by

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

Presiding Judge:                Beata Hetmańczyk, Regional Court Judge

having examined on 6th April 2022 in Opole at a session in camera the case brought by A.C. – representative of the group and [data of 18 persons] against (…) LLC with its registered office in Opole for payment

decides to:

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

Decision of the Regional Court in Opole, 1st Civil Division, dated 4th November 2021

Written by

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

Presiding Judge:               Beata Hetmańczyk, Regional Court Judge

having recognized on 4th November 2021 in Opole at a session in camera the case brought by [data of 19 persons] against (…) LLC with its registered office in Opole for payment

decides to:

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

Judgment of the Regional Court in Łódź, 1st Civil Division, dated 9th February 2022

Written by

  1. A case in a group proceeding shall be heard by a court of three professional judges in accordance with Article 3 Section 2 of the Act on Pursuing Claims in Group Proceedings. In cases heard in group proceedings there is inapplicable Article 15 zzs1 Section 1 Point 4 of the Act of 2nd March 2020 on Special Arrangements Relating to the Prevention, Counteracting and Combating 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. Group proceedings are conducted in accordance with the provisions of the Act on Pursuing Claims in Group Proceedings, and the fact that, in accordance with Article 24 Section 1 of that Act, 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 Act 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 applicable.

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

Presiding Judge:           Paweł Barański, Regional Court Judge

Judges:                            Marzena Kluba, Regional Court Judge;

Anna Jóźwiak, Regional Court Judge

having examined on 12th January 2022 in Łódź at a hearing a case brought by the Municipal Consumer Ombudsman in W., acting on behalf of group members: [data of 1,714 group members] against (…) Joint-Stock Company with its registered office in W. for determination

  1. dismisses the claim for the determination that the mortgage loan agreements valorized with the exchange rate of the Swiss franc (…), concluded by (…) Joint-Stock Company with its registered office in W. (formerly (…) Bank Joint-Stock Company 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 point IV of the lawsuit;
  2. dismisses the claim for the determination 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.

Decision of the District Court of Warsaw, 2nd Civil Division, dated 16th May 2022

Written by

  1. Claims based on an identical factual basis are claims that are based on the same factual basis (premise sensu stricto) or claims whose material facts are common (premise sensu largo). The existence of insignificant differences between individual bases of claims does not preclude the possibility of asserting claims in this procedure, but it is nevertheless necessary that material facts justify the demand common to all claims. The requirement of the same factual basis for the claims does not mean that all the facts of the case must be identical for each group member, since there will always – even in the case of the same cause of action – be individual circumstances pertaining to individual group members. The condition of an identical factual basis is met when the facts justifying the existence of the specific legal relationship that is the basis of the claims are the same for all group members. “This is not prevented by the existence of other facts that fall within the factual basis of the action, such as the nature of individual claims, their maturity or amount. The essence of group proceedings is commonality manifested in the demand, which must be typical (common) to all claims. The indicated condition means that the legal or factual situation of the members of the group must be the same, while the asserted claim must be of one type (homogeneity of claims), because only then it is possible to make a common claim.”
  2. From the purposive interpretation of Article 16 Section 1 of the Act on Pursuing Claims in Group Proceedings, it follows that in cases other than those involving monetary claims, plausibility is sufficient to establish a member’s membership in the group.
  3. Since a demand for a determination of liability is not the same as a demand for an award of benefits, the court must take into account the dissimilarities between these claims and, with this in mind, assess whether the conditions for recognizing an action in group proceedings are met. If, on the other hand, the circumstances of the damage are so different that it would be inappropriate to evaluate them in a group proceeding, the likelihood that such damage occurred should then be considered sufficient.

The Regional Court in Warsaw, 2nd Civil Division, composed of:

Presiding Judge:           Eliza Kurkowska, Regional Court Judge (Judge-Rapporteur)

Judges:                           Katarzyna Waseńczuk, Regional Court Judge;

Sylwia Urbańska, Regional Court Judge

having examined at a hearing on 29th April 2022 in Warsaw a case brought by (…) LLC Limited Partnership with its registered office in W., as a representative of a group consisting of:

W., O. B., J. B., J. Z., (…) registered partnership with its registered office in P., M. M., A. K., (…) limited liability company with its registered office in K., (…) limited liability company with its registered office in S., Ł. G., B. G., D. T., M. C., H. K., M. N., M. O, W. W., M. R., (…) limited liability company with its registered office in W., Z. K., (…) LLC limited partnership with its registered office in W., (…) limited liability company with its registered office in L., (…) LLC limited partnership with its registered office in P.

against the State Treasury – represented by the Council of Ministers represented by the Prime Minister, the Minister of Health and the Minister of Internal Affairs and Administration for determination,

decides to:

  1. fix the value of the subject matter of the dispute at PLN 5,833,618 (five million eight hundred and thirty-three thousand six hundred and eighteen zlotys);
  2. set the amount of court fee for the lawsuit at PLN 100,000 (one hundred thousand zlotys);
  3. oblige the plaintiff’s attorney to pay a supplementary fee on the lawsuit in the amount of PLN 85,000 (eighty-five thousand zlotys), within seven days under pain of a ruling on the obligation to pay it in the decision ending the case in an instance;
  4. hear the case in group proceedings.

Decision of the Regional Court in Warsaw, 3rd Civil Division, dated 10th December 2021

Written by

The Regional Court in Warsaw, 3rd Civil Division, composed of:

Presiding Judge:               Rafał Schmidt, Regional Court Judge

having examined on 10th December 2021 in Warsaw, at a session in camera, the case brought by (…) limited liability company with its registered office in P. against the State Treasury – President of the Council of Ministers and the State Treasury – Minister of Health

for determination

regarding the notification of Joanna Bitner, Regional Court Judge, about the potential basis for excluding her from the examination of the present case (p. 1374),

decides:

not to grant the motion of the Judge-Referee for exclusion from adjudication of the present case, due to the circumstances indicated in her statement of 15th November 2021 (p. 1374).