Decision of the Regional Court in Warsaw 25th Civil Division of 25th September 2014
XXV C 530/14

1. The withdrawal of a motion for obligating the claimant to enter a deposit is admissible. In the event the defendant withdraws the motion before the decision by virtue of which the subject motion was examined becomes final or is challenged, the court of first instance shall reverse the decision and discontinue incidental proceedings initiated by the motion, if it finds the withdrawal admissible.
2. From the point of view of the hypothesis of Article 8.2 sentence 1 of the Act on Pursuing Claims in Group Proceedings, the performance of the first procedural action by the defendant is of significance. However, in this case what motivated the defendant in performing the act, or whether this act evoked any response of the court is of no significance. The legislator did not differentiate between the strictly formal activities and adopting a content-related position in the case.
3. Raising a demand by the defendant to obligate the claimant to enter a deposit for securing the costs of the proceedings later than at the first procedural act shall result in the rejection of the motion.