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PFI does not grant funding. What’s next?

Any application for co-financing by the PFI is subject to expert evaluation. After obtaining the evaluation, the Director of PFI issues a decision to award the grant for the project, or refuse the grant. There is also the possibility of moving the decision to the next session, or refer it for amendments.

In accordance with the Operational Programmes of PFI for 2016, when an application receives a negative decision from the Director of PFI, the applicant can appeal within 15 days from the date of the publication of results of the session on the PFI website. Appeals submitted after the deadline will not be considered. The decision by the Director of the PFI to grant (promise), or refuse to grant funding is not an administrative decision, which has already been clearly confirmed by case law (the Supreme Administrative Court decision of 5 February 2014, case reference numbers: II GSK 89/14, II GSK 90/14, II GSK 91/14)[1]. In this regard, the appeal against the decision of the Director of PFI does not have to meet the requirements of an appeal under the provisions of the articles of the Code of Administrative Procedure.

Negative decision by the PFI Director. The appeal

The appeal must , among others, be made in writing and bear a signature. It should also contain information which concerns the project and a specifically clarified application (what is being appealed against). The appeal should have a substantive and detailed justification of the reasons why the request of the Producer should be recognized positively.

The Director of the PFI examines the appeal within 30 days counted from the expiration of 15 days from the publication of the results of the session on the website of the PFI. The response to the appeal also contains substantive and detailed justification.

In the case of a refusal to grant funding the Director of the PFI may – if there are new circumstances relevant to the evaluation of the application – refer the application for re-evaluation by experts. The decision on the funding issued after obtaining this opinion is final. This means that it is no longer subject to appeal. New circumstances depend on the reasons why the application was evaluated negatively. When applying for a re-evaluation, the Producer must change what was the cause of the first rejection (the script or the method of securing the costs of production, or other reasons stated in the Evaluation Card). The reassessment does not take place in a single session.

It may also be the case that the project will receive the recommendation of experts, yet the Director of the PFI issues a negative decision for reasons other than artistic (e.g. the structure of financing, budget, co-producers). The Producer can then make changes and resubmit the application with the consent of the Director. If the script has not been changed in the application filed for the second time, or has been changed slightly compared to the version recommended by the experts, the Director of the PFI may issue a positive decision based on the previous expert evaluations.

Amendments, moving the application to the next term

Sometimes it happens that the application positively evaluated by experts does not receive in a particular term the final decision of the Director of the PFI (e.g. in the absence of funds). Such an application may be considered again, but only once, during one of subsequent terms.

And in the case of a referral of the application for amendments and reconsideration in the next term, amendments must be submitted within six weeks from the date of publication of such a decision at the PFI website. Submission of amendments after the deadline will prevent reconsideration. In the case of referring the application for amendments and failure to submit them within six weeks from the publication, consideration of the application will be carried out in the term other than the next one, and amendments must be made during the period of the call for the term. The applicant is obliged to make appropriate corrections and resubmit the application, without the requirement to register the application again in the PFI’s system for applications. Reassessment by the experts is carried out in cooperation with the PFI’s Literary Department.

The applicant has the right to cancel and withdraw an application.

Good news for producers – the abandonment of the requirement for a statement of submission to execution

It should also be recalled that the PFI’s Operational Programmes repealed the provision 6.5 of the general principles for Priorities III, IV, V on the delivery to the PFI (as an annex to the grant agreement) a declaration of voluntary submission to execution under the art. 777 of the Code of Civil Procedure. Therefore, Producers signing an agreement for funding from the PFI will not have to submit this form of security of the agreement in the PFI.


[1] The Supreme Administrative Court’s decision stated matters concerning funding under the 2005 Act on cinematography are not matters in the field of public administration, and the actions taken in their course by the Director of the PFI are neither administrative decisions under Article 3 § 2 point 1 of the proceedings before the administrative courts, nor acts of public administration concerning the rights or obligations under the provisions of Article 3 § 2 point 4 of the proceedings before the administrative courts.


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