Decision of the Regional Court in Warsaw 3rd Civil Division of 8th August 2014
III C 1322/13
- The Act on Pursuing Claims in Group proceedings does not regulate the costs of proceedings separately. Therefore, general provisions concerning the costs of the proceedings and general provisions concerning the reimbursement of the costs of proceedings should be applied in this scope.
- The introduction of a deposit for securing the costs of proceedings into group proceedings is meant to guarantee the defendant reimbursement of incurred costs from the claimant. The purpose of regulation by the legislator, within the group proceedings, the institution of the deposit for the securing of the costs of proceedings is protection of the defendant’s interests against unsubstantiated actions. Although the deposit for securing the costs of the proceedings is an institution facultative in its nature, it limits the claimant in the initiation of group proceedings. Therefore, obligating a claimant to submit a deposit for securing the costs of the proceedings should be consider as a factor significantly limiting the use of class actions.
- The defendant is not entitled to demand the submission of a deposit when the part of the claim recognised thereby is sufficient to secure the costs of proceedings. The indicated provision is applied when the defendant recognised a part of the claim raised by the claimant.