Decision of the Regional Court in Warsaw 16th Commercial Division of 9th October 2012
XVI GC 595/11

1. The obligation to submit the Claimant’s deposit in a group proceedings serves to guarantee the procedural balance of the parties and prevents the abuse of the institution of pursing claims in a group proceedings. It should be noted, however, that this argument cannot be the only one taken into consideration when examining the motion.
2. Article 24 section 1 of the Act on pursuing claims in group proceedings excludes the application of some of the provisions of the CCP (Polish Code of Civil Procedure), but it does not concern provisions relating to security of claims. This results in the fact that in the matter of securing a deposit, the applicant should make the legal interest in the granting of security plausible (Article 730 § 1 of the CCP).

Thesis no. 2 was questioned by the Court of Appeals in Warsaw in the decision of 20 December 2012, file ref. no. I ACz 2237/12, by which the complaint against the present decision was however dismissed.