Decision of the Regional Court in Szczecin 1st Civil Division of 11th March 2013
I C 762/11

1. The deposit is to serve securing the enforcement of the judgement in the scope of the costs of proceedings which may be awarded to the defendant. The costs of proceedings are costs necessary for the purposeful pursuit of one’s rights and a purposeful defense, awarded to the party winning the case from the opponent (Article 98 of the CCP – Polish Civil Procedural Code). These are therefore not the costs awarded to the defendant as the court costs (i.e. fees and expenses).
2. The essence of the deposit is to secure the claim for the reimbursement of the costs. Thus, similarly as this takes place in injunction proceedings, the defendant should at least make plausible that the lack of the deposit will hamper or seriously impede the enforcement of the judgement in the scope of the costs of proceedings.
3. The amount of the deposit cannot be impacted by the claimant’s motions on allowing evidence from expert opinions or their presumable remuneration, as they are without influence on the costs of proceedings which may be awarded to the defendant from the claimant. The same regards the remuneration established by the claimant with his legal counsels.