Decision of the Regional Court in Płock 1st Civil Division of 11th December 2014
I C 863/12

1. The legislator did not indicate the criteria to be followed by the Court in the assessing the legitimacy of the motion for securing the costs of the trial. At the same time, he vested this institution with a facultative nature. Hence, it is fitting to bear in mind that on the one hand, the institution of the deposit serves to protect the defendant’s interests and is to counteract abusive actions. On the other hand, it may not limit the possibility to pursue claims in group proceedings by obligating the group representative to pay at the initial stage of the trial, a part of the predicted costs thereof in the event of losing the case. Moreover, it is also fitting to adhere to the principle of equal treatment of parties.