Decision of the Regional Court in Warsaw 1st Civil Division of 5th June 2016
I C 464/16

1. Filing a motion for the deposit to secure the costs of the proceedings, the Defendant should make plausible, firstly, that the action against him is obviously unfounded or that the statement of claims is unlikely to be allowed, therefore it has characteristics of litigiousness and, secondly, that the lack of the deposit to secure the future claim for reimbursement of costs of the proceedings will make an execution of the cost from the Claimant impossible or significantly more difficult.

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

Ewa Ligoń-Krawczyk, Regional Court Judge (Rapporteur)

Rafał Wagner, Regional Court Judge

Jacek Bajak, Regional Court Judge

having examined on 5^th June 2016 in Warsaw at the hearing in camera the case filed by the Municipal Consumer Ombudsman in S. W. against Towarzystwo (…) S.A. with its registered office in W. for payment,

decides to:

dismiss the motion of the Defendant – Towarzystwo (…) S.A. with its registered office in W. to obligate the Claimant – Municipal Consumer Ombudsman in S. W. to pay a deposit to secure the costs of the proceedings.