Judgment of the Regional Court in Krakow, 1st Civil Division of the 30th May 2023

Written by

The Regional Court in Krakow, 1st Civil Division in the following composition:

Presiding Judge:          SSO Magdalena Nagaduś

Judges:                           SSO Marta Woźniak,

SSO Edyta Żyła

having examined at a hearing on the 16th May 2023 in Krakow the case brought by M. K. – the representative of the group consisting of [data of 26 group members] against the Housing Cooperative (…) in K. in liquidation for payment,

  1. dismisses the claim;
  2. does not charge the plaintiff with the costs of the proceedings.

Decision of the Regional Court in Krakow, 1st Civil Division of the 9th December 2020

Written by

  1. The Article 322 of the Code of Civil Procedure which states that if, in case for damages, the court finds that it is impossible, extremely difficult, or obviously pointless to prove the exact amount of the claim, it may award an appropriate sum in its judgment based on its assessment of all circumstances –may be taken into consideration but only after the entire evidentiary proceedings have been conducted.

The Regional Court in Krakow, 1st Civil Division in the following composition:

Presiding Judge:          SSO Kamil Grzesik

Judges:                           SSO Piotr Pilarczyk,

SSO Barbara Wypchło-Grymek

having examined at a closed session on the 9th December 2020 in Krakow  the case brought by G.S., the representative of the group consisting of [data of 12 persons] against Klub (…) sp. z o.o. sp. k. with its registered office in K. for payment,

decides:

to dismiss the application for security.

Decision of the Regional Court in Krakow, 1st Civil Division of the 15th June 2020

Written by

The Regional Court in Krakow, 1st Civil Division in the following composition:

Presiding Judge:           SSO Edyta Barańska

Judges:                            SSO Marta Woźniak,

SSO Piotr Pilarczyk

having examined at a closed session on the 15th June 2020 in Krakow  the case brought by G.S., the representative of the group consisting of [data of 12 persons] against Klub (…) Sp. z o.o. Sp. k. in K. for damages,

decides:

to examine the case in group proceedings.

Decision of the Regional Court in Koszalin, 1st Civil Division of the 22nd September 2021

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The Regional Court in Koszalin, 1st Civil Division in the following composition:

Presiding Judge:           SSO Jacek Grześkowiak

having examined at a closed session on the 22nd September 2021 in Koszalin,  the case brought by E.M. against the defendant – S. W. “(…)” with its registered office in M. for a declaration,

decides:

to resume the suspended proceedings in the case.

Decision of the Regional Court in Wrocław, 1st Civil Division of the 22nd May 2018

Written by

  1. Pursuant to the Article 2(1) of the Act on Pursuing Claims in Group Proceedings, proceedings in cases involving monetary claims are admissible only if the amount of each group member’s claim has been standardized, taking into account the common circumstances of the case, whereas pursuant to the paragraph 2 of the aforementioned article the standardization of the amount of claims may take place in subgroups of at least two persons.
  2. Pursuant to the Article 12(1) of the Act on Pursuing Claims in Group Proceedings, in the statement of accession to the group, the entitled person should specify their claim and indicate the circumstances justifying the claim, as well as their membership in the group and present the necessary evidence.

The Regional Court in Wrocław, 1st Civil Division in the following composition:

Presiding Judge:           SSO Dominika Romanowska

Judges:                            SSO Rafał Cieszyński,

SSO Marcin Śmigiel

having examined at a closed session on the 22nd May 2018, in Wrocław the case brought by M. G. acting as the representative of the group against (…) sp. z o. o. sp. k. in I. for payment,

decides:

to examine the case in group proceedings.

Decision of the Regional Court in Opole, 1st Civil Division of the 14th December 2023

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

Presiding Judge:          SSO Krzysztof Pospiech

Judges:                           SSO Izabela Bogusz,

SSO Marta Pisarska

having examined at a hearing on the 14th December 2023 in Opole the case brought by the representative of the group A.S. and others (35) against N.I. Sp. z o. o. with its registered office in O. for payment,

decides:

  1. to discontinue the proceedings in the case;
  2. to refund the plaintiffs the amount of PLN 1,753.50 as half of the court fee.

Decision of the Regional Court in Wrocław, 1st Civil Division of the 9th February 2023

Written by

The Regional Court in Wrocław, 1st Civil Division in the following composition:

Presiding Judge:           SSO Aneta Fiałkowska-Sobczyk

having examined on the 9th February 2023 in Wrocław at a closed session the case brought by [data of 23 members of the group] against (…) sp. z o.o. (…) (…)” limited joint-stock partnership with its registered office in W. for payment,

decides:

to discontinue the proceedings in the case.

Decision of the Regional Court in Krakow, 1st Civil Division of the 23rd April 2021

Written by

The Regional Court in Krakow, 1st Civil Division in the  following composition:

Presiding Judge:           SSO Agnieszka Włodyga

Judges:                           SSO Magdalena Nagaduś,

SSO Andrzej Żelazowski

having examined on the 23rd April 2021 in Krakow at a closed session the case brought by (…) against (…) for payment

as a result of a complaint lodged by the representative of the group (…) against the decision of the Regional Court in Krakow of the 9th December 2020, file ref. no. I C 193/19,

decides:

  1. to amend the contested decision in such a way as to grant security for the claimant’s monetary claim for payment of:

– PLN 3,770 to each member of the group, i.e. a total of PLN 49,010, together with statutory interest for a delay from the 30th November 32017 to the 9th December 2020,

– USD 1,480 to each member of the group, i.e. a total of USD 19,240, together with statutory interest for a delay from the 30th November 2017 to the 9th December 2020,

– PLN 7,840 for the costs of the proceedings

by seizing the claims from the following bank accounts maintained for the defendant in (…):

– bank account no. (…) maintained for settlements in Polish zloty (PLN)

– bank account no. (…) maintained for settlements in euros (EUR)

– bank account no. (…) maintained for settlements in US dollars (USD)

up to the amount of the security in the total amount of PLN 161,283 (one hundred sixty-one thousand two hundred eighty-three zlotys), and dismiss the remainder of the application for security;

II. dismiss the complaint in the remaining part.

Decision of the Regional Court in Warsaw, 3rd Civil Division of the 3rd February 2017

Written by

The Regional Court in Warsaw, 3rd Civil Division in the following composition:

Presiding Judge:           SSO Joanna Korzeń

Judges:                            SSO Joanna Kruczkowska,

SSO Joanna Bitner (rapporteur)

having examined at a closed session on the 3rd February 2017 in Warsaw the case brought by M. D. as the representative of the group against (…) sp. z o.o. in K. for payment,

decides:

to correct obvious errors and inaccuracies in the decision of the 31st January  2017, in case III 171/16, as follows:

In place of the defendant company’s designation in the introductory part and operative part of the decision, replace the words (…) with: (…);

in the operative part of the decision, replace the words:

  1. a) “42 persons” with: “41 persons”
  2. b) “amounts to 76,899” with: “73,805”
  3. c) “Law Firm Law Firm” (…) with: “Law Firm” (…)

(…)

Pursuant to the Article 350 of the Code of Civil Procedure in conjunction with the Article 361 of the Code of Civil Procedure, the Court may, ex officio, correct obvious errors and inaccuracies in the decision.

As it may be seen from the submitted copy of the National Court Register, the registered office of the defendant company has been changed and is now located in K. One person also left the group, which obviously affected the value of the subject of the dispute. These clerical errors were corrected in points 1 and 2 a-b of the operative part of the decision.

In point 2 c of the operative part of the decision, an obvious clerical inaccuracy was corrected, consisting in the repetition of the word “law firm”.

Such clerical errors or inaccuracies are subject to correction at any time. With this in mind, pursuant to the Article 350 § 1 and 2 of the Code of Civil Procedure, it was necessary to rule ex officio as above.

Decision of the Regional Court in Warsaw, 3rd Civil Division of the 31st January 2017

Written by

The Regional Court in Warsaw, 3rd Civil Division, in the following composition:

Presiding Judge:           SSO Joanna Korzeń

Judges:                            SSO Joanna Kruczkowska,

SSO Joanna Bitner (rapporteur)

having examined on the 31st January 2017 in Warsaw in closed session the case brought by M. D. as the representative of the group against (…) sp. z o.o. in K. for payment,

decides:

to order the publication of an announcement in the national section of the journal about the initiation of group proceedings with the following content:

“Before the Regional Court in Warsaw, 3rd Civil Division, case no. IIl C 171/16, proceedings were initiated pursuant to the Act of the 17th December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws No. 7 of 2010, item 44) – brought by M. D. as representative of the group

against (…) sp. z o.o. in K.

for payment.

The group represented by the plaintiff currently consists of 42 persons, and the value of the dispute is PLN 76,899.

M. D., as the representative of the group, demanded the Court to award compensation from the defendant (…) sp. z o.o. in K. to the owners of premises located in the building at ul. (…) in W. for defects in the property, in proportion to their shares in the common property.

Any person whose claim may be covered by these group proceedings (i.e., owners of premises located in the building at  (…) Street in W.) may join the case by submitting a written statement of joining the group within one month of the date of publication of this announcement and forwarding it to the group representative – M. D., the address: Kancelaria Kancelaria (…).K.,G.S. i Wspólnicy sp.k., os. (…), (…)-(…) K., e-mail: (…)

  1. The Law Firm’s remuneration for conducting the proceedings is PLN 10,000 net plus VAT. The remuneration is subject to increase by the amount of legal representation costs awarded by the Court.
  2. In the event of termination of the permanent legal services agreement provided by the Law Firm to the Housing Community (…), the amount of remuneration referred to in paragraph 1 shall be doubled.
  3. The remuneration for representation before the court of the second instace shall amount to half of the amount referred to in paragraph 1, applying the rule specified in paragraph 2.

A final judgment shall be binding on all members of the group, i.e. persons who, before the deadline specified in this announcement, submit a signed statement of accession to the group to the representative and are included in the court’s decision determining the composition of the group.