Decision of the Court of Appeals in Warsaw 1st Civil Division of 13th July 2016
I ACz 1112/16

1. The institution of the security for costs of the case in the class action is of a non-compulsory nature and its application depends on the Court’s assessments of the circumstances of the specific case.
2. The issue of the need to secure the defendant’s interests that are endangered because of the groundless complaints through obliging the plaintiff to submit a deposit for securing the cost of the case at the initial stage of the case shall not lead to creating additional financial obstacles in the execution of the right to a fair trial. This is particularly so when the conduct of the plaintiff does not make avoiding the reimbursement of costs plausible, and his financial standing does not create a danger of the impossibility of obtaining the fulfilment.