Decision of the Court of Appeals in Gdańsk 1st Civil Division of 14th November 2013
I ACz 1162/13

  1. Considering that the present case is pending pursuant to the provisions of the Act on pursuing claims in group proceedings, it is necessary to take into account the separate nature of these proceedings and consider whether the requirements related to the statement of claims and regulated in Article 6 section 1 of the Act should not at least partly apply also to determination of the security deposit. It also seems that the very nature of granting security of claims, in the event the motion is found, if only partly, substantiated, should also take into account the appropriate application of regulations included in the quoted Act, in particular in Article 21 section 2, if under Article 743 of the CCP (Polish Code of Civil Procedure), applicable by virtue of Article 24 section 2, if the decision on granting security of claims is subject to enforcement by way of execution, then provisions on enforcement proceedings apply to its execution respectively.