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

Written by

Presiding Judge:           Piotr Czerski, Regional Court Judge

Judges:                            Jolanta Szymanowska, Regional Court Judge;

Agnieszka Wojnarowicz-Posłuszna, Regional Court Judge

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

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

against (…) Joint-Stock Company with its registered office in L. for payment

decides to:

  1. order the announcement of the initiation of group proceedings with the following content: “Group 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 (…) – FINANCES Joint-Stock Company 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 5th November 2016, on the issue of series (…) and Resolution No. 1/11/2016 of the Company’s Management Board of 5th November 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 group 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 attorney (from each member of the group) includes (gross): – for activities before the court of first instance, half of the minimum attorney-at-law’s fee, – for activities before the court of second instance, a quarter of the minimum attorney-at-law’s fee. The remuneration of the law office 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. Publish the above announcement 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, dated 21st September 2018

Written by

Presiding Judge:            Piotr Czerski, Regional Court Judge

Judges:                            Jolanta Szymanowska, Regional Court Judge;

Agnieszka Wojnarowicz-Posłuszna, Regional Court Judge

having examined the case in a session in camera on 21st September 2018, in L.

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

against (…) Joint-Stock Company 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 10th August 2018

Written by

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

Presiding Judge:            Grzegorz Kochan, Regional Court Judge (Judge – Rapporteur)

Judges:                            Małgorzata Kosicka, Regional Court Judge;

Katarzyna Szaniawska-Stejblis, District Court Judge (delegated)

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

decides to:

  1. order the announcement of the initiation of group 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 17th December 2009, on Pursuing Claims in Group Proceedings (hereinafter: “Class Action Act”). 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 group proceeding

The group 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 group action

Any person whose claim may be covered by this group 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 group 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., st. (…).

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 attorney.

Rules for remunerating the attorney

The attorney’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 will be included in the court’s decision determining the composition of the group.

  1. publish an announcement about the initiation of group proceedings on the website of:
  2. the Public Information Bulletin of the Regional Court in Warsaw,
  3. the Public Information Bulletin of the Ministry of Internal Affairs and Administration,
  4. the Public Information Bulletin of the Commander-in-Chief of the Border Guard.

Judgment of the Regional Court in Warsaw, 3rd Civil Division, dated 5th December 2017

Written by

  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 Act on Housing Cooperatives, 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 in the scope 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, Regional Court Judge (Judge – Rapporteur)

Judges:                            Joanna Kruczkowska, Regional Court Judge;

Grzegorz Chmiel, Regional Court Judge

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

  1. 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:

(…)

  1. orders the Housing Cooperative (…) in W. to borne in full the costs of the proceedings, leaving the detailed calculation of these costs to the court clerk after the judgment becomes final, with the remuneration of the attorney of the plaintiff-representative being calculated at three times the minimum rate.

Decision of the Regional Court in Kraków, 1st Civil Division, dated 6th September 2013

Written by

  1. There are no rational grounds – despite the location of Article 12 of the Act on Pursuing Claims in Group Proceedings – 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 group 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 group proceedings contained in Article 1 Sections 1 and 2 of the Act on Pursuing Claims in Group Proceedings.

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

Presiding Judge:           Marta Woźniak, Regional Court Judge

Judges:                            Agnieszka Włodyga, Regional Court Judge;

Ewa Olszewska, Regional Court Judge

having examined on 6th September 2013, in Kraków, 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 Voivode of Ś., the Director of the Regional Water Management Authority in K.; the Voivodeship of Ś.; the Poviat of S.; the Municipality of S., for determination,

decides to:

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

Decision of the Regional Court in Gdańsk, 15th Civil Division, dated 17th June 17 2020

Written by

The Regional Court in Gdańsk, 15th Civil Division, composed of:

Presiding Judge:          Joanna Baraniecka-Galińska, Regional Court Judge

Judges:                           Magdalena El-Hagin, Regional Court Judge;

Agnieszka Piotrowska, District Court Judge (delegated)

having recognized on 17th June 2020 in Gdańsk

at a session in camera

case brought by […] acting as a representative of the group

against […]

for payment,

decides to:

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

Decision of the Regional Court in Szczecin, 1st Civil Division, dated 16th May 2020

Written by

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

Presiding Judge:           Danuta Olszewska, Regional Court Judge

Judges:                            Małgorzata Czerwińska, Regional Court Judge;

Anna Winnicka-Kaliszewska, Regional Court Judge

having recognized at session in camera the case brought by B. D. and others against the Housing Cooperative (…) with its seat in S. group proceedings

decides to:

hear the case in group proceedings.

Decision of the Regional Court in Łódź, 2nd Civil Division, dated 3rd September 2019

Written by

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

 

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

Presiding Judge:            Dorota Liczberska-Dębska, Regional Court Judge

Judges:                            Sylwia Łopaczewska, Regional Court Judge;

Katarzyna Bielczyk, Regional Court Judge

having recognized on 3rd September 2019, in Łódź, at a session in camera, the case brought by M.D. – representative of the group against […] JSC for payment,

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

decides to:

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

Decision of the Regional Court in Łódź, 2nd Civil Division, dated 11th June 2019

Written by

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

Presiding Judge:          Dorota Liczberska-Dębska, Regional Court Judge

Judges:                           Sylwia Łopaczewska, Regional Court Judge;

Katarzyna Bielczyk, Regional Court Judge

having recognized on 11th June 2019 in Łódź, at a session in camera, the case brought by M.D. – representative of the group against […] JSC for payment

decides to:

hear the case in a group proceeding.

Decision of the Regional Court in Łódź, 2nd Civil Division, dated 14th April 2021

Written by

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

Presiding Judge:           Dorota Liczberska-Dębska, Regional Court Judge

Judges:                            Sylwia Łopaczewska, Regional Court Judge;

Katarzyna Bielczyk, Regional Court Judge

having recognized on 14th April 2021 in Łódź, at a hearing, the case brought by M.D. – representative of the group against […] JSC for payment, following the conclusion of a settlement agreement

decides to:

  1. terminate the proceedings in the case,
  2. 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 9th October 2018.

(…)