Decision of the Regional Court in Gdańsk 1st Civil Division of 1st December 2015
I C 245/15

1. The institution of the security for costs of the case in a class action is of a facultative nature and the possibility of obligating the Claimant to secure the costs, within the meaning of Article 8(1) of the Act on Pursuing Claims in Group Proceedings falls within the Court’s competence.
2. The defendant who files a motion for obligating the claimant to make a deposit to secure the costs of the proceedings, should make plausible, firstly, that the claims pursued against the defendant are obviously unfounded or that the statement of claims is unlikely to be allowed, therefore has the characteristics of litigiousness. Secondly, the defendant should make plausible that the lack of the deposit to secure the future claim for the reimbursement of costs of the proceedings will make the execution of the costs from the adversary party impossible or significantly more difficult.

The Regional Court in Gdańsk 1^st Civil Division in the following ruling bench:

Presiding Judge:       Karolina Sarzyńska, Regional Court Judge

Judges:                       Małgorzata Janicka, Regional Court Judge , Krzysztof Koczyk, District Court Judge

having examined on 1^st December 2015 in Gdańsk at the hearing in camera the case filed by (…) in Szczecinek acting as a Group Representative against Bank B. S.A. with its registered office in Gdańsk for the establishment on the Defendant’s motion for ordering the Claimant to secure the costs of the litigation

hereby decides to:

dismiss the motion.