Decision of the Regional Court in Warsaw 1st Civil Division of 21st March 2016
I C 1281/15

1. Filing the motion for obligating the claimant to enter a deposit to secure the costs of the proceedings, the defendant should, firstly, make plausible the fact that the action brought against him is obviously ungrounded or unlikely to be granted and, therefore, it has the characteristics of ‘barratry’ and, secondly, that non-establishing a deposit to secure his future claim for reimbursement of the costs of the proceedings will make enforcing it from the claimant. impossible or difficult.
2. Acting as a representative of a specific group of consumers, the  Municipal Consumer Ombudsman is a person of public trust, by the authority of the local government handling issues of protection of consumer interests. The Ombudsman’s expenditures constitute an element of a given city’s budget and, hence, in the event of losing a case, the defendant’s costs shall be charged to the city.