Decision of the Court of Appeals in Gdańsk 1st Civil Division of 8th June 2016
I ACz 73/16

  1. The court may obligate a claimant to make a deposit to secure the costs of the litigation. However it does not mean that the defendant’s raising of this request is the only condition for obligating the Claimant to submit a deposit to secure the costs of the litigation. The Claimant’s obligation to submit the deposit at the request of the Defendant is not mandatory, but is left at the discretion of the ruling bench.

The Court of Appeals in Gdańsk 1st  Civil Division in the following ruling bench:

Presiding Judge:        Marek Machnij, Court of Appeals Judge

Judges:                        Ewelina Jokiel, Court of Appeals Judge , Zbigniew Merchel, Court of Appeals Judge

having examined on 8th June 2016 in Gdańsk at the hearing in camera the case filed by District Consumer Ombudsman in S. acting as a group representative against Bank (…) S. A. in G. for the establishment of the defendant’s liability following the Defendant’s complaint against the decision of the Regional Court in Gdańsk of 1st December 2016, file ref. no. I C 245/15,

hereby decides to:

dismiss the complaint.