Order of the District Court in Elbląg I Civil Division dated March 24, 2022

Elbląg Regional Court in Elbląg I Civil Division composed as follows:

Presiding Judge: SSO Arkadiusz Kuta

Having recognized on March 24, 2022 at a closed session the case of the action of G. R. – representative of the class against (…) Spółka z ograniczoną odpowiedzialnością (…) with its seat in O. for payment,

decides:

Establish that the class asserting claims against (…) Spółka z ograniczoną odpowiedzialnością (…) with its registered office in O. for payment consists of, divided into subgroups:

  1. for payment of the amount of PLN 5,045.00 (five thousand forty-five zlotys):

– M. P,

– J. W. and M. W.,

  1. for payment of the amount of PLN 6,000.00 (six thousand zlotys):

– G. R,

– K. Z.,

  1. for payment of PLN 6,456.00 (six thousand four hundred and fifty-six zlotys):

– M. Z. (1) and M. Z. (2),

– K. W.,

  1. for payment of the amount of PLN 6,874.00 (six thousand eight hundred and seventy-four zlotys):

– I.E. (…),

– D. K. (1) and K. K.,

  1. for payment of the amount of PLN 7,216.00 (seven thousand two hundred and sixteen zlotys):

– P. B.,

– M. K. (1),

– M. M.,

– D. K. (2)


Order of the District Court of Warsaw, XXV Civil Division, dated May 25, 2018

District Court in Warsaw XXV Civil Division composed of:

Presiding Judge: SSO Anna Blażejczyk

Judges:                 SSO Dorota Kalata, SSO Paweł Duda

Having recognized on May 25, 2018 in Warsaw, at a closed session, the case of a class action brought by the District Consumer Advocate in S. against (…) S.A. with its seat in W. for determination,

decides:

Order the announcement of the commencement of class proceedings in the present case in the daily newspaper “(…)” with the following content:

“Before the District Court in Warsaw, XXV Civil Division, in the case ref. no. XXV C 884/18, group proceedings were initiated under the Act of December 17, 2009 on the enforcement of claims in group proceedings (Journal of Laws of 2010 No. 7, item 44) with the action of the District Consumer Protection Ombudsman in S. as the representative of the group against (…) S.A. with its seat in W.

The District Consumer Protection Ombudsman in S., as representative of the class, requested that the liability of the defendant (…) S.A., headquartered in W., be established with respect to damages suffered by class members due to the defendant’s practice of violating the collective interests of consumers by:

  1. failing to provide consumers interested in purchasing real estate in the (…) hotel construction project in O. offered through (…) S.A., with reliable and complete information regarding the risks associated with investing money under the described product, and displaying only the benefits of investing in the purchase of the real estate in question
  2. Misleading consumers about the availability of units in the investment in question by informing them that there were only a few units left for sale, when in fact the number of available units was much greater, thus causing pressure on the consumer and forcing him to make a quick decision that he would not otherwise have made;
  3. Withholding or failing to clearly communicate information regarding the offered product regarding the current status of the investment and any risks associated with the purchase of the product causing or likely to cause the consumer to make a decision he would not have otherwise made,
  4. claiming that the product in question would only be available for a very limited time or that it would be available under certain conditions for a very limited time while this was untrue and intended to induce the consumer to make an immediate decision regarding the purchase of the product and depriving him of the opportunity to make an informed product choice

Any person whose claim may be covered by this class action may join this case by submitting a written statement of joining the class within a maximum period of three months from the date of publication of this notice and sending it to the representative of the class – the District Consumer Advocate in S. (address for service: legal counsel A. B., Kancelaria Radcy Prawnego, ul. (…), (…)-(…) G.).

Joining the group after the above deadline is inadmissible.

Submission of a declaration to join the class is tantamount to consenting to the District Consumer Advocate in S. acting as a representative of the class and to the rules of remuneration of the plaintiff’s attorney.

The rules of plaintiff’s attorney’s fees are set as follows:

Remuneration for actions taken by the attorney before the court of first instance, the prosecutor’s office and the Office of Competition and Consumer Protection shall be determined in an amount depending on the amount of the claim of each member of the group in accordance with the following scheme:

  1. at the height of the claim up to PLN 100,000- PLN 7,200 net + 23% VAT- a total of PLN 8,856 gross;
  2. at the height of the claim from PLN 100,001.00 to PLN 200,000- PLN 14,400 net + 23% VAT- a total of PLN 17,712 gross;
  3. at the height of the claim from PLN 200,001 to PLN 300,000- PLN 21,600 net + 23% VAT- a total of 26. 568 PLN gross;
  4. at the amount of the claim from 300.001 PLN to 400.000 PLN- 28.800 PLN net + 23% VAT- total 35.424 PLN gross

remuneration will be increased by 7.200 PLN net + 23% VAT- total 8.856 PLN gross for each 100.000 PLN of the claim exceeding the amount of 400.000 PLN.

The law firm and the class member provide for the possibility of determining additional remuneration in the form of a success bonus in an amount not exceeding 20% of the amount of the class member’s claim.

The final judgment shall have effect against all class members, i.e., persons who, before the expiration of the period specified in this announcement, send a signed declaration of joining the class and are included in the court order determining the composition of the class.


Order of the District Court in Warsaw, 1st Civil Division, dated October 23, 2012

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

Presiding Judge: SSO Alicja Fronczyk

Judges:                 SSO Bożena Jaskuła, SSO Jacek Bajak

Having recognized on October 23, 2012 in Warsaw, at a closed session, the case filed by B. C. – representative of the class acting for [data 41 of the class members] against the State Treasury represented by the Minister of Health for determination,

decides:

  1. Order an announcement in the newspaper (…) about the commencement of class proceedings, with the following content: “Before the District Court of Warsaw, First Civil Division, proceedings are pending at the suit of B. C. as a representative of a group consisting of: [details of 41 class members] against the State Treasury represented by the Minister of Health, the object of which is to establish the liability of the defendant for damage caused to the members of the class by a tort, consisting of the enactment of unlawful normative acts of fundamental rank, in the form of the Ordinance of the Minister of Health of February 2, 2009 on the criteria for the classification of medicinal products , which may be authorized for marketing in non-pharmacy outlets and pharmacy points, in the wording established by the Ordinance of the Minister of Health of September 11, 2009, and the Ordinance of the Minister of Health of October 6, 2009, on the list of medicinal products which may be authorized for marketing in non-pharmacy outlets and pharmacy points – i.e. The damage consists of a reduction in business income as a result of the narrowing of the list of drugs that could be traded in pharmacy outlets compared to the period before the introduction of the indicated regulations. The legal basis for the claim is the provisions of the Civil Code Act of April 23, 1964 (Journal of Laws 1964.16.93, as amended), which normalize the State Treasury’s liability for tort (Article 417 (1) § 1 of the Civil Code).
    The group may be joined by persons who wish to assert a claim of the same type as those indicated above, based on the same or the same factual basis, by submitting to the group’s representative, within three months from the date of the announcement, a written statement on joining the group. The remuneration payable to the representative shall include: 1) the amount of PLN 600 from each member of the class, which shall be transferred to him by the Chamber of Commerce (…) out of the amount of PLN 1,500 to be paid to this entity by each person intending to join the class, as a fee payable in advance for the preparation of the class action and the conduct of the class proceedings, 2) additional financial remuneration, from the costs of the proceedings, the reimbursement of which shall be legally awarded to the plaintiff, within the limits of this award, but not more than PLN 900 from each member of the class. The attorney’s fee covers the conduct of the main proceedings and any bump-up proceedings within one full course of proceedings (one main proceeding and related bump-up proceedings in the first instance, one main proceeding and related bump-up proceedings in the second instance, and one main proceeding and related bump-up proceedings before the Supreme Court). If the proceedings go beyond the above-mentioned framework, the parties shall separately determine the amount of additional fees in accordance with the expected workload. The attorney shall not undertake to pay or bear any responsibility for the payment of any costs related to the proceedings and shall not be liable for the negative consequences of failure to pay court costs on time. A final judgment has a binding effect on all class members. Persons who wish to join the proceedings in question are requested to send an application to the group representative through his attorney, i.e. to: “radca prawny T. J., S.D. O. Kancelaria Prawnicza Sp. k., (…), (…)-(…) W.”;
  1. call on the plaintiff to pay (to the Cashier of the District Court in Warsaw) the amount of PLN 3,000 (three thousand zlotys), as an advance for the costs of the announcement of the commencement of group proceedings, within 2 weeks.

Order of the District Court in Warsaw, 1st Civil Division, dated May 17, 2012

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

Presiding Judge: SSO Alicja Fronczyk

Judges:                 SSO Bożena Jaskuła, SSO Jacek Bajak

Having recognized on May 17, 2012 in Warsaw, at a hearing, a case brought by B. C. – representative of the class acting for [data 41 of the class members] against the State Treasury represented by the Minister of Health for determination,

decides:

  1. refuse to reject the lawsuit in the part in which the demand of the lawsuit relates to the liability of the State Treasury towards the members of [data 7 group members];
  2. dismiss the defendant’s motion to oblige the plaintiff to make a deposit to secure the costs of the lawsuit;
  3. hear the case in group proceedings.

Decision of the Regional Court in Krakow, Civil Division I, dated October 28, 2014

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

Presiding Judge: SSO Izabella Dyka

Judges:                 SSO Elżbieta Bednarczuk, SSO Kamil Grzesik

having examined on October 28, 2014, in Krakow, at a closed session, the case brought by D. N. – representative of a group consisting of: [data of 49 persons], against (…) with its registered office in N. for payment

decides:

to order the publication in the daily newspaper “Rzeczpospolita” (publisher: (…) Sp. z o.o. with its registered office in W.) of the initiation of group proceedings with the following content:

“A class action lawsuit has been filed with the Regional Court in Krakow, Civil Division I, under case number I C 862/12, pursuant to the Act of December 17, 2009, on the pursuit of claims in class action proceedings (Journal of Laws 2010, No. 7, item 44) on the basis of a claim brought by D. N. – representative of a group consisting of: [data of 49 persons] against (…) in N. for payment.

D. N. – (as representative of the group) requested payment as a result of damage suffered by the members of the group as a result of a series of actions taken by the defendant and the company (…) which constituted a tort in the form of: a/ the conclusion by F. (…) and the defendant on November 2, 2006, of a cooperation agreement regarding the issuance (by F. (…)) of bonds with a total value of PLN 150 million to be used for investment (purchase of land for multi-family housing construction) exceeding the level of generally accepted business risk (due to the amount of financing and interest on the bonds – 25% per annum and F.’s freedom (…) in deciding how to spend the proceeds from the bond issue and the inability to obtain similar financing from other sources), in a situation where F. (…) was unable to meet its obligations from the outset and the defendant was aware of the existence of other unsecured creditors of F. (…);b/ multiplication of mortgage collateral granted to the defendant in connection with the issue of bonds on real estate located in W. and K. at ul. (…) and on real estate located at al. (…) in K., which was encumbered with three mortgages in the amounts of PLN 20 million, PLN 5 million, and PLN 7.5 million; c/ deliberate transfer by F. (…) and the defendant to the developer’s customers of the burden and economic risk associated with the investment at al. (…), in a situation where the investment had already been completed and its implementation had been financed for the most part by the purchasers of the premises (members of the group – consumers), who were unable to properly secure their own interests due to the prohibition of disclosing claims in the land and mortgage register contained in the preliminary agreements and were unaware of the involvement of their funds in risky transactions of the above-mentioned entities, while at the same time the level of security of these transactions, in the event of their failure, allowed the defendant to return the invested capital and make a profit; d/ further increasing the economic risk in connection with the financing (through the issue of bonds in the amount of PLN 5 million with an interest rate of 30% per annum) of the residential investment F. (…) entitled “os. (…)”; e/ the defendant and F. (…) taking advantage of the coercive situation (which the defendant should have at least anticipated) of the buyers of premises at al. (…), who were offered additional payments for the premises in the amount of at least PLN 2,000 per 1 m2, otherwise F. (…) would have to declare bankruptcy, which would result in the satisfaction of the defendant’s mortgage-secured claims.

All persons who may be covered by the class action, i.e. who jointly meet the following conditions, may join the group: they have concluded with F. (…) an agreement establishing separate ownership, a sales agreement, and a loan agreement – concerning residential premises at al. (…) in K., have suffered damage as a result of an unlawful act by the defendant (…) with its registered office in N., as described in detail in this announcement, and their damage is in the form of property damage.

Such a person may join the group by submitting a written statement of accession to the group within a strict deadline of three months from the date of publication of this announcement and sending it to the group representative – D. N. (to the address of the attorney-in-fact – legal advisor A. K. (2), Law Firm (…), (…) and Legal Advisors sp.k., ul. (…), (…)-(…) K.).

Joining the group after the above deadline is not permitted.

Submission of a declaration of joining the group is tantamount to consenting to D. N. acting as a class representative and to the terms of the attorney’s remuneration.

Pursuant to the agreement on the statement of legal services in class proceedings with the class representative, the class representative shall not bear any costs related to the proceedings other than the costs that will be charged to the representative as a member of the class and which result from a separate agreement between the law firm in which the attorney is practicing and each member of the class. The costs of the litigation, including attorney’s fees, costs of experts, bail bonds, court costs awarded, if any, as well as costs related to attorneys’ fees, attorneys’ travel and any costs related to the proceedings will be paid in full by the class members. The Law Firm’s remuneration for the first instance covering activities related to organizational support of the group and activities indicated in the contract for legal services in group proceedings with a member of the group amounts to PLN 2,000 net (PLN 2,460 gross) payable by each member of the group in two installments – the first in the amount of PLN 1,000 net (PLN 1,230 gross) within 7 days from the date of conclusion of the contract for legal services in group proceedings, the second in the amount of PLN 1,000 net (PLN 1,230 gross), payable within 3 months from the conclusion of the contract for legal services in group proceedings. The Law Firm’s remuneration for the second instance covering the activities indicated in the contract for legal services in group proceedings with a group member is PLN 1,200 net (PLN 1,476 gross) payable by each group member within 7 days from the date of filing the appeal regardless of the party filing it. The Law Firm’s remuneration in the event of a cassation appeal or in the event of representation of a group before the Supreme Court is PLN 1,000 net (PLN 1,230 gross), payable by each member of the group within 7 days from the date of filing a cassation appeal regardless of the party filing it. The Law Firm’s success fee is a percentage of the value of the amounts actually obtained (enforced) as a result of the proceedings, calculated with respect to each member of the group separately. VAT at the rate in effect on the date of the invoice will be added to the amount so added. The percentage of success fee depends on the number of persons appearing in the group proceedings and is as follows: 10 persons – 7%, 20 persons – 6.80%, 30 persons – 6.00%, 40 persons – 5.80%, 50 persons – 5.00%, 60 persons – 4.80%, 70 persons – 4.00%, 80 and more persons – 3.80%.

The judgment that will be rendered in the case in the group proceedings will also be binding on the person who will be covered by the court’s decision on the composition of the group.


Decision of the Regional Court in Krakow, 1st Civil Division, dated November 28, 2013

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

Presiding Judge: SSO Izabella Dyka

Judges:                 SSO Paweł Darmoń, SSO Kamil Grzesik

having examined on November 28, 2013, in Krakow, at a hearing the case brought by D. N. – representative of a group consisting of: [data of 49 persons] against (…) with its registered office in N. for payment

decides:

  1. to hear the case in group proceedings,
  2. to dismiss the defendant’s motion to order the plaintiff to post a bond to secure the costs of the proceedings.

Decision of the Regional Court in Gdańsk, 1st Civil Division, dated June 7, 2021

The Regional Court in Gdańsk, 1st Civil Division, composed of the following:

Presiding Judge: SSO Mariusz Bartnik

Judges:                  SSO Ewa Karwowska, SSO Monika Bakuła-Steinborn

having examined on June 7, 2021, in Gdańsk, at a closed session, the case brought by A. S. (1) – representative of the group consisting of [data of 2 group members] and others against (…) S.A. with its registered office in S. for authorization to act as a substitute,

decides:

  1. to determine that the group consists of: [data of 197 group members];
  2. to exclude the following persons from the group: [data of 9 persons].

Decision of the Regional Court in Gdańsk, 1st Civil Division, dated June 21, 2019

The Regional Court in Gdańsk, 1st Civil Division, composed of the following:

Presiding Judge:           SSO Mariusz Bartnik

having examined on June 21, 2019, in Gdańsk, at a closed session, the case brought by A. S. – representative of the group against (…) S.A. with its registered office in S. for authorization to perform actions at the expense of the defendant,

decides:

  1. pursuant to Article 183(8)(1) of the Code of Civil Procedure in conjunction with Article 10(1) of the Act of December 17, 2009 on the pursuit of claims in class action proceedings – to refer the parties to mediation before deciding on the admissibility of class action proceedings in the present case;
  2. appoint, pursuant to Article 183(9) of the Code of Civil Procedure, Mr. B. P. as mediator.

Decision of the Regional Court in Gdańsk, 1st Civil Division, of November 13, 2019

The Regional Court in Gdańsk, 1st Civil Division, composed of the following:

Presiding Judge:           SSO Mariusz Bartnik

Judges:                           SSO Ewa Karwowska, SSO Monika Bukała-Steinborn

having examined on November 13, 2019, in Gdańsk, at a closed session, the case brought by A. S. (1) – representative of the group consisting of [171 members of the group] against (…) S.A. with its registered office in S. for authorization to perform substitution,

decides:

to order the publication of an announcement on the initiation of group proceedings on the pages of the Public Information Bulletin of the Regional Court in Gdańsk and on the home page of the website (…) with the following content:

“Proceedings have been initiated before the Regional Court in Gdańsk, 1st Civil Division, under file reference number I C 1664/18, pursuant to the Act of December 17, 2009, on the pursuit of claims in class action proceedings (Journal of Laws of 2018, item 573) brought by A. S. (1) as representative of the group against (…) S.A. with its registered office in S. for authorization to act as a substitute.

  1. S. (1), as the representative of the group, requested that each individual member of the group be authorized to perform, at the expense of (…) S.A. with its registered office in S., all activities (including both design and construction work) necessary to build on plot no. (…), precinct (…) M., covered by land and mortgage register KW no. (…), an artificial above-ground retention reservoir for storing rainwater collected from the following plots of land: no. (…), (…), (…), (…), (…), (…), (…), (…), (…), (…) , (…) and (…), precinct (…) M. in G., with technical data specified in the expert opinion to be prepared in this case and which will become part of the judgment granting the claim, with the proviso that the performance of the above-described activities by one member of the group at the defendant’s expense will release the defendant from the obligation to perform the above-described activities towards the other members of the group.

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 and sending it to the representative of group A. S. (1), through their representative, attorney M. P. (2), to the following address: Law Office (…) ul. (…), (…)-(…) G.. Joining the group after the above deadline is not permitted.

Submitting a declaration of joining the group is tantamount to consenting to A. S. (1) acting as the group’s representative and to the rules of remuneration of the attorney. The attorney’s remuneration is governed by an agreement, according to which the lump sum remuneration for the first instance is set at PLN 32,400 plus VAT, payable in two installments specified in detail in the agreement. Pursuant to Article 5 of the Act on Pursuing Claims in Class Action Proceedings, the remuneration may be specified in the agreement in relation to the amount awarded to the claimant, not exceeding 20% of that amount.

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


Decision of the Regional Court in Gdańsk, 1st Civil Division, of October 14, 2019

  1. The requirement for the factual and legal basis of the group members’ claims to be identical is considered to be met when the group members derive their claims from the same event, i.e., from agreements concluded separately by each group member with the defendant, which contain virtually identical provisions regarding the obligation.
  2. Given the identical nature of the provisions concerning contractual obligations, it is irrelevant that some of them were included in preliminary sales agreements and some in development agreements.

The Regional Court in Gdańsk, 1st Civil Division, composed of the following:

Presiding Judge:           SSO Mariusz Bartnik

Judges:                           SSO Ewa Karwowska, SSO Monika Bakuła-Steinborn

having examined on October 14, 2019, in Gdańsk, at a closed session, the case brought by A. S. (1) – representative of the group consisting of [data of 172 group members] against (…) S.A. with its registered office in S. for authorization to perform substitution,

decides:

to rule on the admissibility of class action proceedings in the case.