Decision of the Court of Appeals in Łódź 1st Civil Division of 26th February 2015
I ACz 292/15

1. The Act on Pursuing Claims in Group Proceedings does not render the deposit in group proceedings dependent on demonstrating a real concern for the ineffectiveness of the potential enforcement of the costs in the event they are awarded from the claimant to the defendant.
2. An obligation to make a deposit provided for in Article 8 of the Act on Pursuing Claims in Group Proceedings is a discretional decision made at the motion of the defendant. The provision holds no requirements for the making of such a decision to be preceded by any prejudication whether the action is obviously substantiated or not, whether claims were raised in good or bad faith, whether they are reasonable and have been made plausible.