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

Presiding Judge:           Alicja Fronczyk, Regional Court Judge

Judges:                            Bożena Jaskuła, Regional Court Judge;

Jacek Bajak, Regional Court Judge

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

decides to:

1. order an announcement in the newspaper (…) about the commencement of group proceedings, with the following content: “Before the Regional Court of Warsaw, 1^st Civil Division, proceedings are pending initiated by the lawsuit of B. C. as a representative of a group consisting of: [details of 41 group 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 group 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 2^nd February 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 11^th September 2009, and the Ordinance of the Minister of Health of 6^th October 2009 on the List of Medicinal Products Which May Be Authorized for Marketing in Non-pharmacy Outlets and Pharmacy Points – i.e. in the period from 21^st September 2009 to the date of termination of the binding force of the above-mentioned normative acts. 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 Act of 23^rd April 1964 Civil Code (Journal of Laws 1964.16.93, as amended), which regulate 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 pursue a claim of the same type as those indicated above, based on the same or similar 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 attorney shall include: 1) the amount of PLN 600 from each member of the group, 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 group, as a fee payable in advance for the preparation of the group action and the conduct of the group 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 group. The attorney’s fee covers the conduct of the main proceedings and any bump-up proceedings within one full course of instances (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 group 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: “legal counsel T. J., S.D. O. Law Office LP, (…), (…)-(…) W.”;

2. order the plaintiff to pay (to the Cashier of the Regional 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.

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

Presiding Judge:            Izabella Dyka, Regional Court Judge

Judges:                            Elżbieta Bednarczuk, Regional Court Judge;

Kamil Grzesik, Regional Court Judge

having examined on 28^th October 2014, in Kraków, at a session in camera, 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: (…) LLC with its registered office in W.) about the initiation of group proceedings with the following content:

“A group proceeding was initiated before the Regional Court in Krakow, 1^st Civil Division, under case number I C 862/12, pursuant to the Act of 17^th December 2009 on Pursuing Claims in Group 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.

7. 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 2^nd November 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 funds from the bond issuance 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 st. (…) and on real estate located at al. (…) in K., which were 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. (…) under the name “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 group action, i.e. who jointly meet the following conditions, may join the group: they have concluded with F. (…) an agreements establishing separate ownership, a sales agreements, and a loan agreements – 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 joining 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 – legal counsel A. K. (2), Law Office (…), (…) and Legal Counsels LP, st. (…), (…)-(…) 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 group representative and to the terms of the attorney’s remuneration.

Pursuant to the agreement on the statement of legal services in group proceedings with the group representative, the group 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 group and which result from a separate agreement between the law office, in which the attorney is practicing, and each member of the group. The costs of the litigation, including costs of representation, costs of experts, deposits, possibly awarded court costs, as well as costs related to attorneys’ remuneration, attorneys’ travel expenses and any costs related to the proceedings will be paid in full by the group members. The Law Office’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 Office’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 Office’s remuneration in the event of an appeal in cassation 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 an appeal in  cassation regardless of the party filing it. The Law Office’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.”

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

Presiding Judge:           Mariusz Bartnik, Regional Court Judge

Judges:                            Ewa Karwowska, Regional Court Judge;

Monika Bukała-Steinborn, Regional Court Judge

having examined on 13^th November 2019, in Gdańsk, at a session in camera, the case brought by A. S. (1) – representative of the group consisting of [data of 171 members of the group] against (…) JSC 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, 1^st Civil Division, under file reference number I C 1664/18, pursuant to the Act of 17^th December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2018, item 573) brought by A. S. (1) as representative of the group against (…) JSC 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 (…) JSC 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 land register 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 provison 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 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 and sending it to the representative of group A. S. (1), through their representative, attorney at law M. P. (2), to the following address: Law Office (…) st. (…), (…)-(…) 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 Group 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, will send a signed statement of joining the group and will be included in the court’s decision determining the composition of the group.”.