Notice to CryoSave Clients

IMPORTANT Notice to CryoSave Parents

May 28th, 2020, the Regional Court in Warsaw, Poland, granted our injunction against Polski Bank Komórek Macierzystych Spółka Akcyjna “PBKM/FamiCord”, immediately prohibiting PBKM/FamiCord from undertaking actions to induce CryoSave clients, in particular personally, by post, email, by telephone or through other forms of direct marketing, not to perform or terminate agreements for the storage of biological material made with CryoSave and conclude such agreements with PBKM/FamiCord.

The court also ordered PBKM/FamiCord to immediately remove all information on the alleged liquidation of Cryo-Save and the related possibility of concluding agreements for the storage of biological material with PBKM/FamiCord and to immediately remove all information on the PBKM/FamiCord website addressed to CryoSave clients.

Should you be or become aware of any action undertaken by PBKM/FamiCord in contradiction of the aforementioned court orders, please notify us to the following e-mail address: cryosaveclients@csg-bio.com.

Questions about this notice? Please contact us directly at cryosaveclients@csg-bio.com.

Below is the English translation of the Polish-language Warsaw court decision:

DECISION

The Regional Court in Warsaw, XVI Commercial Division, in the panel composed of: Presiding Judge - SSO Jan Wawrowski

having considered on 28 May 2020 in Warsaw the case filed by Cryo-Save (…) with the participation of Polski Bank (…) in Warsaw for injunction decides to:

  • secure the claimant’s claim against Polski Bank Komórek Macierzystych Spółka Akcyjna in Warsaw to order the Obligor to discontinue:
    1. taking actions consisting in inducing the clients of the Obligee, in particular in person, by post, email, by telephone or through other forms of direct marketing, not to perform or terminate agreements for the storage of biological material made with Obligee and execute such agreements with the Obligor;
    2. addressing to clients of the Obligee in any form (including in the form of email messages) information that Cryo-Save were supposedly put or were under liquidation and the condition of the contracts between Cryo-Save and its clients were therefore uncertain or threatened;
    3. disseminating on the Internet, including the posting on the websites, including on the websites at the addresses: https://famicord.eu/home, https://famicord.eu/ contact/for-cryo-save-client and , information about the liquidation of Cryo-Save;
    4. posting on the websites of the Obligor a contact form intended for Cryo-Save clients and enabling clients of the Obligee to conclude a contract for the storage of biological material with the Obligor;
    5. concluding contracts for the storage of Biological Material with clients of the Obligee to which clients of the Obligee the Obligor sent information about the liquidation of Cryo-Save and the possibility of concluding with the Obligor of a contract for the storage of Biological Material;
    6. using of the term “CryoSave” or any form or variety of the above term by the Obligor to identify the user of the mail used by the Obligor from which the Obligor sends email correspondence;
    1. ordering the Obligor to remove from all websites, including the websites of the Obligor at the addresses: https://famicrod.eu/home, https://famicord.eu/contact/for-cryo-save-client, https://client.famicord.eu/client/km/step-1, information on the liquidation of Cryo-Save and the related possibility of concluding an agreement for the storage of Biological Material with the Obligor;
    2. ordering the Obligor to discontinue placing on the websites of the Obligor including on the website https://famicrod.eu/contact/for-cryo-save-client, the contact form addressed to clients of Cryo-Save;
    3. prohibiting the Obligor from undertaking actions to induce clients of the Obligee, in particular personally, by post, email, by telephone or through other forms of direct marketing, not to perform or terminate agreements for the storage of biological material made with the Obligee and conclude such agreements with the Obligor;
    4. prohibiting the Obligor from concluding contracts for the storage of biological material with clients of the Obligee to which clients of the Obligee the Obligor addressed information about the liquidation of Cryo-Save and the possibility of concluding an agreement for the storage of Biological Material with the Obligor;
    5. prohibiting the Obligor from using of the term "CryoSave" or any form or variety of the above term by the Obligor to identify the user of the mail used by the Obligor from which the Obligor sends email correspondence; (…).