Order of the District Court in Krakow, 1st Civil Division, dated October 14, 2021

Written by

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

Presiding Judge: SSO Magdalena Nagaduś

Judges:                  SSO Marta Woźniak, SSR (del.) Edyta Żyła

Having recognized on October 14, 2021 in Cracow at a closed session in the case of an action brought by M.K. – representative of a group consisting of: [data of 25 group members] against the Housing Cooperative […] in K. in liquidation for payment

decides:

To hear the case in group proceedings.

Order of the District Court in Krakow, 1st Civil Division, dated June 15, 2020

Written by

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

Presiding Judge: SSO Magdalena Nagaduś

Judges:                 SSO Marta Woźniak, SSR (del.) Edyta Żyła

having recognized on June 15, 2020 in Cracow at a closed session in the case of a suit (…) against the Housing Cooperative (…) in (…) in liquidation for payment

decides:

Dismiss the motion of the plaintiff – the representative of the class to secure the claims – in view of the demand for an impermissible method of securing monetary claims.

Order of the District Court in Krakow I Civil Division dated April 25, 2022

Written by

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

Presiding Judge: SSO Magdalena Nagaduś

Judges:                 SSO Marta Woźniak, SSR (del.) Edyta Żyła

Having recognized on April 25, 2022 in Cracow at a closed session in the case of an action brought by M.K. – representative of a group consisting of: [data of 25 group members] against the Housing Cooperative […] in K. in liquidation for payment

decides:

  1. Order a notice of commencement of group proceedings with the following wording:
    “The District Court in Krakow, I Civil Division, announces the commencement, in the case to file I C 188/20, of group proceedings
    as a result of a class action filed by M. K. (1), representative of a group consisting of: [data of 25 group members].
    against the Housing Cooperative (…) in K. in liquidation
    for payment of funds remaining after completion of liquidation of the defendant cooperative.
    The court informs about the possibility of joining the group by persons whose claims may be covered by the class action, by submitting to the class representative M. K. (1), represented by attorney at law E. K. of Legal Counsel, Plac (…), room (…), (…)-(…) K. – within one month from the date of announcement, a written statement on joining the group. Joining the group after the expiration of the set deadline is inadmissible. The attorney’s fee for conducting the proceedings shall be 1% of the value of the subject matter of the litigation for each instance from each member of the group,. The judgment has a binding effect on all group members.”
  1. Publish the notice by posting it on the website of the Public Information Bulletin of the District Court in Krakow and on the website of the defendant’s attorney – attorney T. F

Order of the District Court in Krakow, 1st Civil Division, dated February 24, 2016

Written by

  1. The court’s decision on the composition of the group is constitutive in nature. It is not the declaration of a certain person to join the group, but only the court’s decision on the composition of the group that finally shapes the composition of the group in the group proceedings. The declaration on the composition of the group creates the subjective side of the group proceedings, ultimately shaping the composition of the group in the group proceedings.
  2. A final court decision on the composition of the group closes the second stage of the group proceeding, concluding the determination of the subject and object scope of the case.
  3. The court’s decision on the composition of the group in group proceedings has certain consequences in the sphere of the interests of its members. Once it becomes final, no group member may withdraw from the group. The declaration of a group member to withdraw from the group after the order on the composition of the group is ineffective. The sanction of ineffectiveness means that the statement (made after the expiration of the specified period) has no legal effect.
  4. The objections to group membership described in Article 15 of the Law on Pursuing Claims in Group Proceedings cannot be an instrument for revisiting the uniformity of the situation of group members who have already participated in the proceedings at the stage of the court’s consideration of the application for admission to group proceedings.
  5. The premise of the uniformity of the situation of group members, including the uniformity of their claims and the uniformity of the facts from which their claims are derived, is – in accordance with the requirements set forth in Article 2(1) of the Law on Pursuing Claims in Group Proceedings – the subject of the court’s analysis at the stage of considering the admission of the case to group proceedings. It would be clearly pointless to analyze this issue again at subsequent stages of the group proceedings.
  6. The questioning of the amount of individual sums claimed by class members can be considered only at the stage of the merits of the case, and not at the preliminary stage of determining the composition of the class.
  7. Pursuant to the wording of Article 24(1) of the Act on Pursuing Claims in Group Proceedings, to the extent not regulated by the Act, the provisions of the Code of Civil Procedure shall apply, which, with respect to the parties to the proceedings, adopts as a rule the succession of litigation (cf. in particular Article 180(1) of the Code of Civil Procedure), and this rule should also be applied to group members in group proceedings.

The District Court of Krakow, in the First Civil Division, composed of:

Presiding Judge: SSO Izabella Dyka

Judges:                 SSO Elżbieta Bednarczuk, SSO Kamil Grzesik

Having recognized on February 24, 2016 in Krakow at a closed session in a case brought by D. N. – representative of a group consisting of: [data 49 persons], against (…) with its registered office in N. for payment

decides:

  1. determine the composition of the class, to include the following persons: [data 55 persons];
  2. dismiss the defendant’s motion to exclude from the composition of the class;
  3. dismiss the defendant’s motion to refer the case to a public hearing and set a hearing.

Order of the District Court in Krakow, 1st Civil Division, dated May 5, 2017

Written by

  1. Pursuant to Article 17(1) of the Law on Pursuing Claims in Group Proceedings, the court shall issue a decision as to the composition of the group, which may be amended pursuant to Article 359(1) of the Code of Civil Procedure as not terminating the group proceedings.
  2. Pursuant to the wording of Article 24(1) of the Law on Pursuing Claims in Group Proceedings, to the extent not regulated by the Law, the provisions of the Code of Civil Procedure shall apply, which, with respect to the parties to the proceedings, adopts as a rule the succession of litigation (cf., in particular, Article 180 § 1 of the Code of Civil Procedure), and this rule should also be applied to group members in group proceedings.
  3. The status of a class member in class proceedings is substantially similar to that of a litigant: first, the action in class proceedings is brought by a class representative on his own behalf, but on behalf of all class members (Art. 4(1) and (3) of the Law on Pursuing Claims in Class Proceedings); second, there is a lis pendens between the class member and the defendant (cf. Articles 13(1) and 24(1) of the Act on Pursuing Claims in Group Proceedings in conjunction with Article 192(1) of the Code of Civil Procedure); thirdly, the court, when issuing a judgment after conducting a group proceeding, decides with respect to each individual member of the group, and not only its representative (the group member is therefore a party in the substantive legal sense).

District Court of Krakow in the 1st Civil Division, composed of:

Presiding Judge: SSO Izabella Dyka

Judges:                 SSO Elżbieta Bednarczuk, SSO Kamil Grzesik

Having recognized on May 5, 2017, in Cracow, at a closed session, the case from the claim of D. N. – representative of a group consisting of: [data 55 persons], against (…) with its registered office in N. for payment

decides:

amend point I of the order of the Regional Court in Krakow dated February 24, 2016, file number I C 862/12, so that A. L. is designated as a member of the class in question, in place of T. J..

Order of the District Court in Krakow, 1st Civil Division, dated November 29, 2021

Written by

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

Presiding Judge: SSO Edyta Barańska

Having recognized on November 29, 2021 in Krakow at a closed session the case of the claim – the representative of the group N. D. against (…) with its registered office in N. for payment in group proceedings

decides:

Exclude SSO Waldemar Żurek from adjudicating the case.

Order of the District Court in Elbląg, 1st Civil Division, dated August 2, 2021

Written by

Elbląg Regional Court in Elbląg I Civil Division composed of:

Presiding Judge: SSO Arkadiusz Kuta

Having recognized on August 2, 2021, at a closed session, the case of the claim of G. R. against (…) Spółka z ograniczoną odpowiedzialnością (…) with its seat in O. for payment,

decides:

to recognize the case in group proceedings.

Order of the District Court of Warsaw, 2nd Civil Division, dated January 29, 2021

Written by

The District Court of Warsaw, 2nd Civil Division, composed of:

Presiding Judge: SSO Magdalena Antosiewicz

Having recognized on January 29, 2021 in Warsaw, at a closed session, the case of a group action of the District Consumer Advocate in S.  – representing the group acting for [details of 28 group members] against H. Spółka Akcyjna with its registered office in W. for determination,

decides:

suspend the proceedings pursuant to Article 174 § 1.4 of the Code of Civil Procedure.

Order of the District Court in Warsaw, 1st Civil Division, dated February 10, 2022

Written by

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

Presiding Judge: SSO Tadeusz Bulanda

Having recognized on February 10, 2022 in Warsaw, at a closed session, the case of the claim of K. A. against the State Treasury represented by the Minister of Climate and Environment and the Minister of State Assets with the participation of the District Attorney in Warsaw for determination,

decides:

Order the announcement in:

  1. the Public Information Bulletin of the Warsaw District Court,
  2. Public Information Bulletin of the Ministry of Climate and Environment,
  3. the Public Information Bulletin of the Ministry of State Assets,
  4. on the website of the Law Office of Legal Counsel R. G. about the initiation of group proceedings

with the following content:

“Before the District Court of Warsaw, First Civil Division, file number I C 2182/21, there is a group proceeding under the Act of December 17, 2009 on the assertion of claims in group proceedings (i.e., Journal of Laws of 2020, item 446) with a claim by K. A. against the State Treasury represented by the Minister of Climate and Environment and the Minister of State Assets, with the participation of the District Attorney in Warsaw, for establishing that the State Treasury is liable to the plaintiff and members of the class for damages, including non-material damage, in connection with the occurrence in Poland of:

  1. exceedances of the limit values for concentrations of PM 10, which occurred in the period from June 11, 2011 to September 1, 2019,
  2. exceedances of the limit values for concentrations of PM 2.5, which occurred in the period from January 1, 2015 to September 1, 2019

Any person whose claim may be covered by a class action (a claim of the same type as described above, based on the same or the same factual basis) may join the case by filing a written declaration of joining the class within a maximum period of three months from the date of publication of this notice and forwarding it to the class representative – K. A., through legal counsel R. G. (address for service: Kancelaria Radcy Prawnego R. G., ul. (…), (…)-(…) W., e-mail: (…)).

Joining the group after the above deadline is not permitted.

In accordance with the agreement concluded on December 17, 2018 in W. by the representative of the group K. A. with attorney legal counsel R. G.:

  1. the attorney does not charge a fee to the group representative,
  2. the detailed rules of the attorney’s remuneration for providing legal assistance to the group members consisting in providing legal services in the group proceedings, in the proceedings before the court of first and second instance and in the possible cassation proceedings, shall be determined by the assignment agreement concluded with each of the group members,
  3. for the performance of the assignment agreement concluded with each class member, the attorney shall be entitled from each class member to a lump sum remuneration in the gross amount of PLN 246,
  4. additional attorney’s fee shall be the costs of legal representation awarded and enforced from the defendant in favor of the class representative,
  5. all court fees, advances and deposits shall be borne by the class members in equal parts depending on the number of class members.

The final judgment shall have effect against all class members, i.e. persons who, before the expiration of the time limit indicated in this notice, file a declaration of joining the class and are included in the court order determining the composition of the class.”

Order of the District Court of Warsaw, 1st Civil Division, dated May 14, 2014

Written by

  1. Persons expressing a desire to join the group (interested in it) may submit a declaration to join the group within the statutory deadline. Exceeding this deadline has certain consequences, since the law excludes the possibility of restoring the deadline for filing the declaration. Failure to submit the declaration within the statutory deadline thus renders it ineffective. The deadline for joining the group is a strict one, so the person wishing to exercise the granted right to join the group only during it should do so within the deadline, and the submission of the declaration should be substantiated. Joining the group after the expiration of the specified statutory deadline should therefore be considered ineffective, i.e. not producing the legal effects that the law attaches to joining the group.
  2. Failure to provide even the date of submission of the statement when presented in the proceedings after the deadline set by the Court in the press announcement precludes the possibility of assuming as probable the submission of the statement within the required time limit.
  3. The court should determine already at the stage of examining the composition of the class whether the claims of individual class members, if any, are not time-barred. The purpose of determining the composition of the group is to verify that the claims asserted are of one type, based on the same factual basis. Thus, it is the Court’s role at the initial stage of the proceedings to determine the prerequisites for the admissibility of the claim individually defining the situation of the group member, so that at the next stage of the proceedings it will be possible to decide on the merits of the case in terms of the common prerequisites. Otherwise, the substantive adjudication of the case would not differ in any way from the proceedings conducted in the ordinary course with the participation of many plaintiffs in disregard of the provisions of the Law on the Pursuit of Claims in Class Proceedings, and the Court would individually have to consider whether the statute of limitations was interrupted with respect to individual class members, or whether there was an abuse of rights by the defendant in connection with the raising of the statute of limitations.
  4. The demand to establish the defendant’s liability in a class action is not subject to the statute of limitations.

The District Court of Warsaw, 1st Civil Division, in the following composition:

Presiding Judge: SSO Alicja Fronczyk

Judges:                 SSO Bożena Jaskuła, SSO Jacek Bajak

Having recognized on May 14, 2014 in Warsaw at a closed session the case of the claim of B. C. – representing a group consisting of [data 48 persons] against the State Treasury – Minister of Health for determination,

decides:

Determine that the group consists of: [data 43 class members].