Decision of the Regional Court in Warsaw, 4th Civil Division, dated 23rd April 2019

Written by

The Regional Court in Warsaw, 4th Civil Division, composed of:

Presiding Judge:            Andrzej Sterkowicz, Regional Court Judge

Judges:                            Karol Smaga, Regional Court Judge;

Radosław Tukaj, District Court Judge (delegated)

having examined on 23rd April 2019, in Warsaw, at a session in camera, the group action brought by M. S. – representative of the group – against the State Treasury – the Prosecutor General, the Regional Prosecutor in Gdańsk, the District Prosecutor in Gdańsk – Wrzeszcz in Gdańsk for payment,

decided to:

order the announcement of the initiation of group proceedings in this case in the daily newspaper “(…)” with the following content:

“Before the Regional Court in Warsaw, 4th Civil Division, in case no. IV C 195/18, group proceedings were initiated pursuant to the Act of 17th December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2018, item 573) on the basis of a claim brought by M. S. as the representative of the group against the State Treasury – the Prosecutor General, the Regional Prosecutor in Gdańsk, and the District Prosecutor for Gdańsk-Wrzeszcz in Gdańsk.

  1. S., as the representative of the group, requested that, pursuant to Article 417 § 1 of the Civil Code, the defendant be ordered to pay to the members of the group specific amounts of money together with statutory interest from the date of filing the lawsuit until the date of payment, as compensation for damage caused to the property of the group members as a result of the unlawful failure of the District Prosecutor of Gdańsk-Wrzeszcz in Gdańsk, the Regional Prosecutor in Gdańsk, and the Prosecutor General to bring charges against the members of the management board of the company under the name (…) LLC with its registered office in Gdańsk until 17th August 2012, which, in the plaintiff’s opinion, resulted in the members of the group concluding agreements with the above-mentioned company and transferring funds to it, which were then lost as a result of the company’s insolvency.

The claimant indicates that on 21st December 2009, the District Prosecutor’s Office in Gdańsk-Oliwa received a notification from the Financial Supervision Authority of a reasonable suspicion that the president of the management board of company A. G. had committed a crime under Article 171 § 1 of the Banking Law, i.e. conducting banking activities without the appropriate license. This notification was then forwarded, in accordance with jurisdiction, to the District Prosecutor’s Office in Gdańsk-Wrzeszcz. After conducting an investigation pursuant to Article 307 of the Code of Criminal Procedure, on 22nd January 2010, the prosecutor issued a decision refusing to initiate an investigation due to the lack of determination of marks of a prohibited act. As a result of a complaint lodged by the Polish Financial Supervision Authority, the District Court for Gdańsk-Południe overturned the decision to refuse to initiate an investigation. After examining additional evidence, on 18th August 2010, the prosecutor of the District Prosecutor’s Office in Gdańsk-Wrzeszcz again terminated the investigation due to the absence of marks of a prohibited act. This decision was also appealed by the Polish Financial Supervision Authority, and the District Court of Gdańsk-Południe overturned it in its decision of 16th December 2010. Referring the case back to the prosecutor for reconsideration, it stated that the actions recommended to him had been carried out incorrectly. Upon re-examining the case, the prosecutor decided to consult a certified auditor in order to assess A. G.’s activities from the point of view of their compliance with applicable law. Due to the prolonged time needed to prepare the opinion, the prosecutor stayed the proceedings on 31st May 2011. After the Regional Prosecutor in Gdańsk deemed the above decision to be unfounded, the Prosecutor of the Gdańsk-Wrzeszcz District Prosecutor’s Office resumed the stayed proceedings on 4th April 2012. The Regional Prosecutor’s Office in Gdańsk, despite being aware of the improper conduct of the proceedings to date, did not subject the case to superior official supervision. Finally, on 16th August 2012, i.e. more than two and a half years after the Financial Supervision Authority filed its notification, the first charges were presented to the president of the management board of the company A. G.

According to the group representative, as a result of the above-described omissions and erroneous decisions, the group members suffered damage. Despite the existence of clear grounds and knowledge allowing for charges to be brought against the members of the management board of A. G., this was not done, which in turn allowed the company to continue its operations to the detriment of the group members.

Any person whose claim may be covered by this group action may join this case by submitting a written statement of joining the group within one month from the date of publication of this announcement and sending it to the group representative – M. S. (address for service: attorney at law A. S., B. & M. LP, R. (…) 1, (…)-(…) W.). Joining the group after the deadline set by the court is not allowed. In the statement of joining the group, the person should specify their claim and indicate the circumstances justifying the claim, as well as their membership in the group and present evidence.

Submitting a statement of joining the group is tantamount to consenting to M. S. acting as the group’s representative and to the rules of remuneration of the plaintiff’s attorney.

The rules for remuneration of the plaintiff’s representative have been established as follows:

  1. persons who join the group after the date of filing the lawsuit with the court will be required to pay the law firm a fixed fee for proceedings before the court of first instance in the amount of PLN 4,000 + VAT;
  2. the law firm’s remuneration for representing the group in proceedings before the court of second instance is PLN 30,000 + VAT, regardless of the size of the group;
  3. the law firm’s fee for representing the group before the Supreme Court is PLN 40,000 + VAT regardless of the size of the group, if the appeal in cassation is not accepted for consideration, and if the appeal in cassation is accepted for consideration PLN 65,000 + VAT (if the appeal in cassation is not accepted for consideration, the difference will be refunded to the representative by the law firm);
  4. the law firm’s remuneration for representing the group before the European Court of Human Rights in S., regardless of the size of the group, is PLN 50,000 + VAT;
  5. the success fee is 8% of the amount recovered + VAT from each member of the group;
  6. the portion of the law firm’s fixed remuneration due from a given member of the group for proceedings before the court of first instance must be paid into the representative’s account before the date of delivery of the statement of joining the group; the above remuneration is due to the law firm even if the member of the group will not be covered by the court’s decision on joining the group; failure to pay the fee will result in the entity not being included in the list of group members;
  7. if more than one person is a party to the agreement concluded with A. G., they shall make only one payment for the law firm’s remuneration.

 

A final judgment shall have effect 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.”

Decision of the Regional Court in Katowice, 1st Civil Division, dated 3rd September 2015

Written by

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

Presiding Judge:                     Krzysztof Żyłka, Regional Court Judge

Judges:                                      Jolanta Polko, Regional Court Judge;

Krystian Markiewicz, Regional Court Judge

having examined on 3rd September 2015, at a hearing, the case brought by W. S. against (…) Limited Liability Company in M. for payment,

decides to:

examine the case in group proceedings.

Decision of the Regional Court in Katowice, 1st Civil Division, dated 15th March 2017

Written by

  1. An urgent activity is an activity which, if not performed before the anticipated date of appointment of a legal representative for the party or appointment of a body competent to represent it, would expose the party requesting the appointment of a guardian to irreparable damage. In principle, this may be an activity of any kind; however, it must be specified and must require to be taken urgently. This circumstance should be substantiated by the party applying for the appointment of a guardian.

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

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

Presiding Judge:                     Krzysztof Żyłka, Regional Court Judge

Judges:                                      Jolanta Polko, Regional Court Judge;

Katarzyna Zadora, District Court Judge (delegated)

having examined on 15th March 2017, in Katowice, at a session in camera, the case brought by W. S. against (…) Limited Liability Company in M. for payment,

decides to:

dismiss the plaintiff’s request to appoint a guardian ad litem for the defendant.

Decision of the Regional Court in Katowice, 1st Civil Division, dated 26th October 2015

Written by

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

Presiding Judge:             Jolanta Polko, Regional Court Judge

Judges:                            Krzysztof Żyłka, Regional Court Judge;

Piotr Semper, Regional Court Judge

having examined on 26th October 2015, in Katowice, at a session in camera, the case brought by W. S. against (…) Limited Liability Company in M. for payment,

decides to:

order the announcement of the commencement of group proceedings in the Newspaper (…) with the following content:

ANNOUNCEMENT OF THE INITIATION OF GROUP PROCEEDINGS

The case is pending before the Regional Court in Katowice in group proceedings under the case number I C 434/15 brought by W. S. against (…) Limited Liability Company in M. for payment, the subject of which are claims related to the improper performance of a tourist service – a trip to Bulgaria organized on 28th June 2013 – 12th July 2013.

Persons whose claims may be covered by the group proceedings may join the group by submitting a written statement of accession to the group representative W. S. within two months of the date of the announcement.

The agreement governing the attorney’s remuneration may specify remuneration in relation to the amount awarded to the claimant, not exceeding 20% of that amount.

The final judgment is binding on all members of the group.

Decision of the Regional Court in Katowice, 1st Civil Division, dated 30th March 2016

Written by

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

Presiding Judge:            Krzysztof Żyłka, Regional Court Judge

Judges:                            Jolanta Polko, Regional Court Judge;

Katarzyna Zadora, District Court Judge (delegated)

having examined on 30th March 2016, at a session in camera, the case brought by W. S. against (…) Limited Liability Company in M. for payment,

decides to:

stay the proceedings.

Decision of the Regional Court in Wrocław, 1st Civil Division, of 3rd August 2020

Written by

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

Presiding Judge:           Dominika Romanowska, Regional Court Judge

Judges:                            Rafał Cieszyński, Regional Court Judge;

Marcin Śmigiel, Regional Court Judge

having examined at a session in camera on 3rd August 2020, in Wrocław, the case brought by M. G. against (…) LLC LP with its registered office in I. for payment,

decides to:

determine that the group in the case under consideration consists of: [data of 21 group members].

Decision of the Regional Court in Wrocław, 1st Civil Division, dated 6th March 2020

Written by

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

Presiding Judge:          Dominika Romanowska, Regional Court Judge

Judges:                           Rafał Cieszyński, Regional Court Judge;

Marcin Śmigiel, Regional Court Judge

having examined at a session in camera on 6th March 2020, in Wrocław, the case brought by M. G., acting as a representative of the group, against (…) LLC LP with its registered office in I. for payment,

decides to:

resume the stayed proceedings.

Decision of the Regional Court in Wrocław, 1st Civil Division, dated 24th January 2019

Written by

  1. The lack of an advance payment for the cost of the newspaper advertisement prevents the case from being given further course.
  2. According to the wording of Article 177 Paragraph 1 Point 6 of the Code of Civil Procedure, the court may stay the proceedings ex officio if, as a result of the plaintiff’s failure to comply with orders within the prescribed period, the case cannot be given further course.

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

Presiding Judge:           Dominika Romanowska, Regional Court Judge

Judges:                           Rafał Cieszyński, Regional Court Judge;

Marcin Śmigiel, Regional Court Judge

having recognized at a session in camera on 24th January 2019 in Wrocław the case brought by M. G. acting as a representative of the group against (…) LLC LP in I. for payment,

decides to:

stay the proceedings in the case.

JJudgment of the Regional Court in Opole, 1st Civil Division, dated 12th September 2022

Written by

  1. The failure to rest caused the plaintiffs harm within the meaning of Article 445 of the Civil Code and Article 50 of the Act on Tourist Events and Related Travel Services.
  2. The amount of compensation demanded by the plaintiffs was too excessive, as it exceeded the costs that the plaintiffs had incurred to purchase the trip.
  3. In determining the amount of compensation, the court relied on the so-called Frankfurt Table. This document does not have the value of a legal act in the Polish legal order, but it is generally accepted to use the rates established therein in determining the amount of benefits.

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

Presiding Judge:                  Beata Hetmańczyk, Regional Court Judge

having recognized on 12th September 2022 in Opole at a session in camera the case brought by [data of 18 group members]

against (…) LLC with its registered office in O.

for payment

  1. [data of the 18 members of the group] the amounts of PLN 1000.00 (one thousand 00/100) each as compensation for damages with statutory interest for delay from 29th December 2020 until the date of payment; and dismisses the remainder of the action for damages;
  2. awards from the defendant (…) LLC with its registered office in O. as compensation in favor of the plaintiffs:

a. [data of 1 member of the group] the amount of PLN 2401.50 (two thousand four hundred and one 50/100),
b. [data of 2 members of the group] – jointly and severally – the amount of PLN 3574.00 (three thousand five hundred and seventy-four 00/100),
c. [data of 1 member of the group] the amount of PLN 1702.00 (one thousand seven hundred and two 00/100),
d. [data of 2 members of the group] – jointly and severally – the amount of PLN 4353.00 (four thousand three hundred and fifty-three 00/100),
e. [data of 2 members of the group] – jointly and severally – the amount of PLN 4353, 00 (four thousand three hundred and fifty-three 00/100),
f. [data of 1 member of the group] the amount of PLN 1632.00 (one thousand six hundred and thirty-two 00/100),
g. [data of 1 member of the group] the amount of PLN 3264.00 (three thousand two hundred and sixty-four 00/100),
h. [data of 2 members of the group] – jointly and severally – the amount of PLN 3574.00 (three thousand five hundred and seventy-four 00/100),
i. [data of 1 member of the group] the amount of PLN 3434.00 (three thousand four hundred and thirty-four 00/100);

3. dismisses the claim for damages in the remaining scope;

4. awards from the defendant in favor of the plaintiffs to the group representative A. C. the amount of PLN 3896.00 for reimbursement of part of the costs of the trial, including PLN 1890.00 for the costs of legal representation;

5. award from the group representative A. C. in favor of the defendant the amount of PLN 3510.00 as part of the costs of legal representation.

Judgment of the Regional Court in Kraków, 1st Civil Division, dated 19th December 2022

Written by

  1. Reparation of the damage by the person deriving the benefit can be made both by restoring the previous state of affairs and by paying a sum of money. In any case, however, the upper limit of this person’s liability is the value of the gained benefit, which is to be valued according to the state at the time of its attainment and at the prices on the date of judgment (argument from Article 363 § 2 of the Civil Code). Such a limitation of liability follows from the wording of Article 422 of the Civil Code, which imposes liability only on the one who, after the tort, obtained a benefit from it. Thus, if someone helped the perpetrator after committing the tort, but did so gratuitously and did not gain any benefit from it, he will not be liable for damages.
  2. Immediately it should be pointed out the subsidiary nature of the evidence itself from the testimony of group members, treated in this aspect like the plaintiff, and the lack of “disciplinary” provisions in the situation of refusal to testify or answer individual questions.
  3. The limit of the defendant’s liability to individual persons is the amount of money actually received at the time of the loan agreements, and therefore without taking into account the amounts paid by the borrowers for the tax on civil law transactions.
  4. Evaluating the actions of the defendant, aimed first at securing its own claim and then at obtaining satisfaction of its own claim at the expense of other creditors with a much weaker position than that of the defendant, they should be assessed as an abuse of subjective law.
  5. In favor of married members of the group, the awarded amounts were awarded jointly, in accordance with the case law on claims pursued by persons in the regime of marital joint property.

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

Presiding Judge:           Agnieszka Włodyga, Regional Court Judge

Judges:                            Justyna Sieklicka – Pawlak, Regional Court Judge;

Barbara Wypchło – Grymek, Regional Court Judge

having recognized on 19th December 2022 in Kraków, at a hearing, the case brought by D. N. – representative of a group consisting of: [data of 55 group members] against (…) with its registered office in N. for payment in group proceedings,

  1. awards from the defendant (…) with its registered office in N. to E. G. (1) the amount of PLN 64,733.78 (sixty-four thousand seven hundred and thirty-three zlotys seventy-eight cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  2. awards from the defendant (…) with its registered office in N. to A. S. (1) the amount of PLN 68,187.41 (sixty-eight thousand one hundred eighty-seven zlotys forty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  3. awards from the defendant (…) with its registered office in N. to J. M. (1) the amount of PLN 66,327.70 (sixty-six thousand three hundred and twenty-seven zlotys seventy cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  4. awards from the defendant (…) with its registered office in N. to spouses J. and A. K. (1) the total amount of PLN 68,200 (sixty-eight thousand two hundred zlotys) with statutory interest for delay from 9th March 2016 until the date of payment;
  5. awards from the defendant (…) with its registered office in N. to A. C. the amount of PLN 94,331.19 (ninety-four thousand three hundred and thirty-one zlotys nineteen cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  6. awards from the defendant (…) with its registered office in N. to spouses J. and Z. P. a total of PLN 95,876.21 (ninety-five thousand eight hundred and seventy-six zlotys twenty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  7. awards from the defendant (…) with its registered office in N. to R. P. the amount of PLN 105,559.21 (one hundred and five thousand five hundred and fifty-nine zlotys twenty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  8. awards from the defendant (…) with its registered office in N. to spouses Z. and M. B. (1) the total amount of PLN 110,540.42 (one hundred and ten thousand five hundred and forty zlotys forty-two cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  9. awards from the defendant (…) with its registered office in N. to B. D. the amount of PLN 115,207.97 (one hundred and fifteen thousand two hundred and seven zlotys ninety-seven cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  10. awards from the defendant (…) with its registered office in N. to spouses H. and K. Z. a total of PLN 118,229.31 (one hundred and eighteen thousand two hundred and twenty-nine zlotys thirty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  11. awards from the defendant (…) with its registered office in N. to spouses M. D. (1), M. D. (2) the total amount of PLN 127,791.31 (one hundred and twenty-seven thousand seven hundred and ninety-one zlotys thirty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  12. awards from the defendant (…) with its registered office in N. to spouses M. M. (1), P. M. (1) the total amount of PLN 128,415.46 (one hundred and twenty-eight thousand four hundred and fifteen zlotys forty-six cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  13. awards from the defendant (…) with its registered office in N. to B. S. (1) the amount of PLN 134,650 (one hundred and thirty-four thousand six hundred and fifty zlotys) with statutory interest for delay from 9th March 2016 until the date of payment;
  14. awards from the defendant (…) with its registered office in N. to spouses I. and W. C. the total amount of PLN 142,202.57 (one hundred and forty-two thousand two hundred and two zlotys fifty-seven cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  15. awards from the defendant (…), with its registered office in N. to spouses K. K. (1) and J. O. (1) the total amount of PLN 142,668.86 (one hundred and forty-two thousand six hundred and sixty-eight zlotys eighty-six cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  16. awards from the defendant (…) with its registered office in N. to spouses A. J. and D. L. a total of PLN 142,265.08 (one hundred and forty-two thousand two hundred and sixty-five zlotys eight cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  17. awards from the defendant (…) with its registered office in N. to A. and K. K. (2) a total of PLN 143,596.95 (one hundred and forty-three thousand five hundred and ninety-six zlotys ninety-five cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  18. awards from the defendant (…) with its registered office in N. to A. N. the amount of 151,831.82 zlotys (one hundred and fifty-one thousand eight hundred and thirty-one zlotys eighty-two cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  19. awards from the defendant (…) with its registered office in N. to spouses Z. and T. B. the total amount of 152,408.43 zlotys (one hundred and fifty-two thousand four hundred and eight zlotys forty-three cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  20. awards from the defendant (…), with its registered office in N. to spouses B. M. and J. M. (2) a total of PLN 154,520.26 (one hundred and fifty-four thousand five hundred and twenty zlotys twenty-six cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  21. awards from the defendant (…) with its registered office in N. to D. N. the amount of PLN 159,492.25 (one hundred and fifty-nine thousand four hundred and ninety-two zlotys twenty-five cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  22. awards from the defendant (…) with its registered office in N. to spouses J. and J. Z. (2) the total amount of PLN 163,117.62 (one hundred sixty-three thousand one hundred and seventeen zlotys sixty-two cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  23. awards from the defendant (…) with its registered office in N. to spouses A. S. (2) and P. S. the total amount of PLN 168,515.37 (one hundred and sixty-eight thousand five hundred and fifteen zlotys thirty-seven cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  24. awards from the defendant (…) with registered office in N. to A. L. the amount of PLN 168,637.46 (one hundred and sixty-eight thousand six hundred and thirty-seven zlotys forty-six cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  25. awards from the defendant (…) with its registered office in N. to spouses B. and T. S. the total amount of PLN 172,335.79 (one hundred and seventy-two thousand three hundred and thirty-five zlotys seventy-nine cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  26. awards from the defendant (…) with its registered office in N. to J. Z. (1) the amount of PLN 177,080.29 (one hundred and seventy-seven thousand eighty zlotys twenty-nine cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  27. awards from the defendant (…) with its registered office in N. to spouses D. and M. P. the total amount of PLN 177,392.54 (one hundred and seventy-seven thousand three hundred and ninety-two zlotys fifty-four cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  28. awards from the defendant (…), with its registered office in N. to spouses E. M. and S. M. the total amount of PLN 189,883.45 (one hundred eighty-nine thousand eight hundred eighty-three zlotys forty-five cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  29. awards from the defendant (…) with its registered office in N. to M. W. the amount of PLN 209,310 (two hundred and nine thousand three hundred and ten zlotys) with statutory interest for delay from 9th March 2016 until the date of payment;
  30. awards from the defendant (…) with its registered office in N. to spouses E. and M. B. (2) a total of PLN 222,471.04 with statutory interest for delay from 9th March 2016 until the date of payment;
  31. awards from the defendant (…) with its registered office in N. to spouses A. and W. B. (1) the total amount of PLN 222,512.48 (two hundred and twenty-five thousand five hundred and twelve zlotys forty-eight cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  32. awards from the defendant (…) with its registered office in N. to J. S. (1) the amount of PLN 225,521.21 (two hundred and twenty-five thousand five hundred and twenty-one zlotys twenty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  33. awards from the defendant (…) with its registered office in N. to spouses G. and M. G. the total amount of PLN 225,608.33 (two hundred and twenty-five thousand six hundred and eight zlotys and thirty-three cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  34. awards from the defendant (…) with its registered office in N. to spouses D. and W. S. the total amount of PLN 237,650 (two hundred and thirty-seven thousand six hundred and fifty zlotys) with statutory interest for delay from 9th March 2016 until the date of payment;
  35. dismisses the claim in the further part;
  36. determines that the defendant (…) with its registered office in N. shall bear the costs of the proceedings in full, leaving the detailed calculation of the costs to the court clerk.