The DSA proceeded with this decision to protect vulnerable citizens and borrowers – At the same time, they continue the targeted abstinence due to the new court map
The Board of Directors of the Athens Bar Association to protect vulnerable citizens and borrowers, decided on targeted abstentions from 21 to 29 October 2024 from the payment orders and enforcement actions of Banks and funds, while at the same time decided to continue the targeted abstinence from 22 to 29 October 2024 because of the new judicial map.
In more detail, in an announcement by the Athens Bar Association, the following are mentioned:
“A) The Board of Directors of the DSA during its meeting on 17.10.2024 the permanent position of the body for the protection of financially weak and vulnerable citizens and borrowers and on the occasion of the recent action of Banks, funds and debt management companies (Servicers) to request the granting of their access to the web application of the Agency “Hellenic Land Registry”, attempting to block the lawyers who have the specific right of access in the context of the exercise of their functions, the Board of Directors of the DSA expresses its strong protest against the event. The companies in question have evidently been shamed by the government policy favorable to them, thanks to which they enjoy a series of privileges and beneficial provisions, as well as the inaction of the supervisory work of the Bank of Greece against a multitude of their abusive practices and behaviors, they reached the point of asking for an absolute access to cadastral data of millions of citizens. It is recalled that the legal body, from the first moment, expressed its strong disagreement with the regulations of the New Bankruptcy Code, because they do not ensure the effective protection of vulnerable debtors, especially of their first residence. With the implementation of the new Bankruptcy Law (n. 4738/2020) the protection of vulnerable debtors is weakened and the protection of the first residence is peeled and lumpy in relation to the previous regime returns to the permanent position for useful legislative protection of vulnerable borrowers and extension of the regulatory scope of art. 938 of the Civil Code and in those cases of forced execution that are currently exempt from this.
The Board of Directors of the DSA applauds the attitude of the Deputy Minister of Digital Governance, who, showing immediate reflexes, stated that the legal conditions are not met, nor is there such a necessity for granting such access to banks and management companies.
After that, the Board of Directors of DSA decided:
1. The continuation of the targeted abstention from next Tuesday, October 22, 2024 until Tuesday, October 29, 2024 from the filing and discussion of cases of registration (but also elimination) of pre-notifications (of both attorneys-at-law and lawyers registered in the list of Law 5095/2024) and suspension from the cases of elimination of mortgage notes.
2. The targeted abstention of lawyers from next Monday, October 21, 2024 until Tuesday, October 29, 2024 from filing for the issuance and from serving payment orders and enforcement actions of Banks, funds and debt management companies (Servicers).
B) Further, given that the situation since the implementation of the new judicial charter in the courts of Athens has not improved substantially and many issues still remain unregulated (issuance of certificates, territorial jurisdiction of abolished Magistrates’ Courts, daily suffering of lawyers and citizens), the Board of the DSA decided to continue the targeted abstention from 22 to 29 October 2024:
1. From the adjudication of all cases in the regional seats of the Athens Court of First Instance, as well as in the former Magistrates’ Courts, except for the former Athens Magistrate’s Court.
2. From the trial of objections heard on the ground floor of the former Athens Magistrate’s Court, plaques ODA (no. 17) and OGA (no. 16)”.
Source: Skai
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