Franchisees on ice. The key provision disappears from the Act
The government withdrew from the provision, which was to speed up the refund of franchisees. Now you will have to wait much longer for payment.
The Ministry of Justice gave up one of the key provisions of the bill regarding franc borrowers. As reported by Dziennik Gazeta Prawna, a provision was removed from the project, which guaranteed the return of overpaid funds after the judgment of the court of first instance. This solution was previously widely praised by the communities representing Frankowicz, but it was criticized, among others on the part of the Supreme Court and the Ombudsman.
Act without a valid entry
This provision – as the newspaper indicates – was not in the latest version of the Act, which means that the borrowers will have to wait for the payment until the end of the entire court proceedings, i.e. after the decision of the second instance.
Although the francists express disappointment by the decision of the ministry, some experts from the legal industry see in it justification. Karolina Pilawska, a lawyer from Pilawska Zaorski, lawyers, in an interview with “DGP”, points out that although the removed recipe was favorable from the point of view of borrowers, he also carried the risk. In the event of losing an appeal, banks could apply for a refund of already paid funds.
In turn, Wojciech Wandzel, a lawyer from KKG Legal, who represents financial institutions, emphasizes that enabling immediate execution of unlawful judgments is unjustified and contrary to the basic principle of two -instance in the Polish judicial system.
Frankowicz will wait longer
The lack of a registration about the return of money after the judgment of the Court of First Instance means for thousands of franchisees a longer waiting for the recovery of overpaid funds.
The government act, which was supposed to speed up trials and improve the situation of borrowers, loses its importance in its current shape – representatives of social organizations assess.
