Decision of the Court of Appeals in Szczecin 1st Civil Division of 21st May 2013
I ACz 401/13

1. The institution of securing the costs of the proceedings, regulated by the provision of Article 8 of the Act of 17 December 2009 on pursuing claims in group proceedings serves securing the reimbursement of the defendant’s future costs of proceedings from the claimant. It seems that the argument substantiating obligating the claimant to submit a deposit is, first and foremost, the protection of the defendant’s interests against unsubstantiated statements of claims filling by the citizens. An argument may also be the expected difficulties and costs, which the defendant would have to incur in order to enforce the judgement awarding the costs of the proceedings.
2. The subject of securing the costs of the proceedings are the hypothetical costs, which may be incurred in relation to the proceedings. The hypothetical costs at the initial stage of the proceedings cannot include the remuneration of a professional legal counsel at the maximum rate, the raising of which is dependent on the legal counsel’s necessary labor output and his contribution into explaining the case. Although the case may appear complicated already at the initial stage of its examination, yet in the context of securing the costs of the proceedings, obligating the claimant to secure the costs reflecting the minimum remuneration is sufficient. It should also be emphasized that although the deposit is to secure against the unsubstantiated initiation of disputes – through maximizing its amount – it cannot encumber the claimant in an excessive manner, threatening with the limitation of his right to court.