Decision of the Regional Court in Warsaw 2nd Civil Division of 17th December 2018
II C 222/16

1. The provision of Article 8 (1) of the Act on Pursuing Claims in Group Proceedings is facultative in nature and its application remains in fact at the discretion of the court. It is also not disputed in the case law and in the doctrine that the reason for rejecting a motion to secure costs may be the finding that the claimant (representative of the group) gives a guarantee that the obligation to reimburse the costs of the trial to the defendant will be met if the dispute is lost.