Decision of the Regional Court in Lublin, 1st Civil Division, of October 26, 2018

Presiding Judge:           SSO Piotr Czerski

Judges:                           SSO Jolanta Szymanowska, SSO Agnieszka Wojnarowicz-Posłuszna

having examined at a hearing on October 26, 2018, in L.

the case brought by J. O. (representative), [details of 25 group members]

against (…) Spółka Akcyjna with its registered office in L. for payment

decides:

  1. order the announcement of the initiation of class action proceedings with the following content: “Class action proceedings have been initiated before the Regional Court in Lublin, 1st Civil Division, under file number I C 420/18, brought by J. O. (representative) against (…) -FINANSE Spółka Akcyjna with its registered office in L. for payment. The subject matter of the case are monetary claims related to the redemption, together with interest, by the defendant of bonds issued on the basis of Resolution No. 1/11/2016 of the General Meeting of Shareholders of the Company of November 5, 2016, on the issue of series (…) and Resolution No. 1/11/2016 of the Company’s Management Board of November 5, 2016 on the adoption of the Terms and Conditions of the Issue of bonds, i.e. series (…) bearer bonds with a nominal value and issue price of PLN 1,000.00. The court hereby informs that persons whose claims may be covered by a class action in this case may join the group by submitting a written statement of accession to the group representative J. O. (to the address of its attorney: A. J., Al. (…), (…)-(…) W.), within 1 month from the date of this announcement, a written statement of joining the group. In the statement of joining 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 evidence. Joining the group after the deadline is not allowed. The representative’s attorney is entitled to remuneration from each member of the group. Remuneration is payable for activities undertaken before the court at each instance, i.e. separately for each instance. This remuneration depends on the amount of the monetary claim declared by each member of the Group. The remuneration of the representative (from each member of the Group) includes (gross): – for activities before the court of first instance, half of the minimum attorney’s fee, – for activities before the court of second instance, a quarter of the minimum attorney’s fee. The remuneration of the law firm may in no case exceed 20% of the amount awarded to the representative of the Group. Detailed information on this subject is contained in a copy of the agreement for the provision of legal services, together with an annex, which has been filed in the case file. The judgment that may be issued in the case is binding on the members of the group.
  2. The above announcement shall be published in the “Dziennik Gazeta Prawna” daily newspaper and for a period of one month on the notice board at the seat of this Court, on the pages of the Public Information Bulletin of the Regional Court in Lublin.


Decision of the Regional Court in Lublin, 1st Civil Division, of September 21, 2018

Presiding Judge:           SSO Piotr Czerski

Judges:                           SSO Jolanta Szymanowska, SSO Agnieszka Wojnarowicz-Posłuszna

Having examined the case in closed session on September 21, 2018, in L.

the case brought by J. O. (representative), [details of 25 group members]

against (…) Spółka Akcyjna with its registered office in L. for payment

decides:

to hear the case in group proceedings.


Decision of the Regional Court in Warsaw, 21st Labor Division, dated August 10, 2018

The Regional Court in Warsaw, 21st Labor Division, composed of:

Presiding Judge:           SSO Grzegorz Kochan (rapporteur)

Judges:                           SSO Małgorzata Kosicka, SSR Katarzyna Szaniawska-Stejblis (del.)

 

having examined on August 10, 2018, in Warsaw, at a closed session, the case brought by (…) against the State Treasury – Ministry of Internal Affairs in W. for compensation,

decides:

  1. order the announcement of the initiation of class action proceedings with the following content:

Before the Regional Court in Warsaw, 21st Labor Division (case no.: XXI P 113/18), pursuant to the Act of December 17, 2009, on the pursuit of claims in class action proceedings (hereinafter: “u.d.p.g.”). proceedings have been initiated on the basis of a claim brought by R. L. (1), acting as the representative of a group of Border Guard officers, against the State Treasury – Minister of Internal Affairs and Administration for compensation.

Subject matter of the class action

The class action covers the claims of a group of Border Guard officers, divided into 101 subgroups, who have filed a claim for the State Treasury – Minister of Internal Affairs, for a total amount of PLN 4,127,228.93 as compensation for the lack of salary indexation in the years 2009-2014.

Deadline for joining the class action

Any person whose claim may be covered by this class action may join the case by submitting a written statement of joining the group within two months of the date of publication of this announcement. Joining the group after this deadline is not permitted.

How to join the class action

Any person may join the case by sending a written statement of joining the group to the group representative – R. L. (1), address for service: Law Office (…), (…)-(…) W., ul. (…).

Submitting a declaration of accession to the group is tantamount to consenting to R. L. (1) acting as the group representative and to the rules governing the remuneration of the representative.

Rules for remunerating the representative

The representative’s remuneration from each group member is 20% of the value of the subject matter of the dispute, payable no later than on the date of conclusion of the case in the first instance.

Information on the binding effect of the judgment on group members

A final judgment is binding on all group members, i.e. persons who, before the deadline specified in this announcement, send signed statements of accession to the group and are included in the court’s decision determining the composition of the group.

  1. publish an announcement about the initiation of collective proceedings on the website of:

a. the Public Information Bulletin of the Regional Court in Warsaw,

b. the Public Information Bulletin of the Ministry of Internal Affairs and Administration,

c. the Public Information Bulletin of the Commander-in-Chief of the Border Guard.


Judgment of the Regional Court in Warsaw, Third Civil Division, of December 5, 2017

  1. The rule should be that after the final settlement of construction costs, the cooperative cannot make another final settlement that is effective against a member, and a member of the cooperative cannot demand such a settlement. However, the final settlement of construction costs, like any legal transaction, may be invalid. All provisions and rules concerning the invalidity of legal transactions, in particular those caused by defects in the declaration of will, apply to it.
  2. If a cooperative owns or has the right of perpetual usufruct of land and carries out a construction project on it on the basis of cooperative construction for its own members, it has no right to collect from them monetary benefits corresponding to the value of the right to the land on which it is building, transferred together with the right to the premises. The value of the right to the land is not a construction cost for the cooperative. There are no legal grounds for charging the equivalent of the share in the right to the land assigned to the premises from the member for whom the premises are being built. If such an equivalent is collected, the cooperative carrying out construction for its members in accordance with the principle provided for in Article 18 of the Housing Cooperatives Act, i.e. “at cost,” is unjustly enriched. A different contractual provision, as contrary to the law and invalid, does not justify the collection of fees for the land.
  3. The price including the unjustified value added tax (VAT) is an undue payment.

 

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

Presiding Judge:           Joanna Bitner (rep.)

Judges:                           Joanna Kruczkowska, Grzegorz Chmiel

 

having examined on November 21, 2017, in Warsaw, at a hearing of the case brought by K. K. (1) as representative of the group against the Housing Cooperative (…) in W. for payment

I. orders the Housing Cooperative (…) in W. to pay (…) K. as the representative of the group the amount of (…) (one million seven hundred thousand six hundred sixty-seven 19/100) zlotys with statutory interest for delay calculated as indicated below, and determines that the following members of the group are entitled to the following amounts from the awarded sum:

(…)

II. The costs of the proceedings shall be borne in full by the Housing Cooperative (…) in W., leaving the detailed calculation of these costs to the court clerk after the judgment becomes final, with the remuneration of the plaintiff’s representative being calculated at three times the minimum rate.


Decision of the Regional Court in Krakow, 1st Civil Division, of September 6, 2013

  1. There are no rational grounds – despite the location of Article 12 of the Act on Collective Redress – for differentiating between the requirements for a declaration of accession to a group of persons who join the group at the initial stage of the proceedings and persons who join the group only after the court’s decision to hear the case in collective proceedings has become final. In both cases, on the basis of the information contained in the declaration of accession to the group, the court assesses whether a given person can obtain the status of a group member or not, and thus whether the requirements for such accession have been met. This assessment is made in terms of the existence of the subjective and objective prerequisites for class action proceedings contained in Article 1(1) and (2) of the Class Action Act.

 

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

Presiding Judge:           SSO Marta Woźniak

Judges:                           SSO Agnieszka Włodyga, SSO Ewa Olszewska

having examined on September 6, 2013, in Krakow, at a hearing the case brought by Z. R., representative of a group consisting of: [details of the persons comprising the group] against the State Treasury – the Governor of Ś., the Director of the Regional Water Management Authority in K.; the Province of Ś.; the County of S.; the Municipality of S., for determination,

decides:

  1. to confirm that the group consists of: [details of 27 members of the group];
  2. to determine the value of the subject of the dispute as of April 11, 2013, at PLN 17,306,598 (seventeen million three hundred six thousand five hundred ninety-eight zlotys).

Order of the District Court in Gdansk XV Civil Division dated June 17, 2020

District Court in Gdańsk XV Civil Division composed of:

Presiding Judge: SSO Joanna Baraniecka-Galińska

Judges:                 SSO Magdalena El-Hagin, SSR (del.) Agnieszka Piotrowska

Having recognized on June 17, 2020 in Gdańsk

on a closed session

case from the claim of […] acting as a representative of the group

against […]

for payment,

decides:

  1. refuse to reject the lawsuit,
  2. to hear the case in a group proceeding.


Order of the District Court in Szczecin, 1st Civil Division, dated May 16, 2020

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

Presiding Judge: SSO Danuta Olszewska

Judges:                 SSO Małgorzata Czerwińska, SSO Anna Winnicka-Kaliszewska

Having recognized in closed session the case from the action of B. D. and others against the Housing Cooperative (…) with its seat in S. group proceedings

decides:

to recognize the case in group proceedings.


Order of the District Court in Łódź, 2nd Civil Division, dated September 3, 2019

  1. If the defendant fails to raise objections to the composition of the class and subgroups, the court shall determine the composition of the class in accordance with the statement of claim.

The District Court in Łódź, 2nd Civil Division, composed of:

Presiding Judge: SSO Dorota Liczberska-Dębska

Judges:                 SSO Sylwia Łopaczewska, SSO Katarzyna Bielczyk

Having recognized on September 3, 2019, in Łódź, at a closed session, the case from the claim of M.D. – representative of the group against […] S.A. for payment,

in view of the fact that the circumstances show that all members of the class have filed declarations of joining the class, and the defendant has not filed objections to membership within the prescribed time limit,

decides:

  1. To discontinue the announcement of the commencement of the group proceeding;
  2. To determine that the group consists of [data 10 persons];
  3. To refer the parties to mediation, setting its duration at three months counting from the delivery of a copy of this order to the mediator;
  4. To appoint a mediator in the person of D.W.

Order of the District Court in Łódź, 2nd Civil Division, dated June 11, 2019

District Court in Łódź, 2nd Civil Division, composed of:

Presiding Judge: SSO Dorota Liczberska-Dębska

Judges:                  SSO Sylwia Łopaczewska, SSO Katarzyna Bielczyk

having recognized on June 11, 2019 in Łódź, at a closed session, the case from the claim of M.D. – representative of the group against […] S.A.for payment

decides:

recognize the case in a group proceeding.


Order of the District Court in Łódź, 2nd Civil Division, dated April 14, 2021

District Court in Łódź, 2nd Civil Division, composed of:

Presiding Judge: SSO Dorota Liczberska-Dębska

Judges:                 SSO Sylwia Łopaczewska, SSO Katarzyna Bielczyk

having recognized on April 14, 2021 in Łódź, at a hearing, the case from the claim of M.D. – representative of the class against […] S.A. for payment, following the conclusion of a settlement agreement

decides:

to discontinue the proceedings in the case,

to return to M.D. from the State Treasury – the Regional Court in Łódź the amount of 305 (three hundred and five) zlotys for a part of the lawsuit fee paid on October 9, 2018.

(…)