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Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Saksamaa

Restitutsioon (503)

1. MEASURE IMPLEMENTATION

Saksamaa

Is this measure possible in your Member State under International Judicial Cooperation?

A recovery assistance case is one in which the persons injured due to as a result of a criminal offence have pecuniary claims against the offender arising from the offence. In such cases, assets may be seized for the purpose of compulsory execution by the injured party.

2. LEGAL FRAMEWORK

Saksamaa

International legal framework applicable for this measure in your Member State

Recovery of claims by the injured party is effected by way of legal assistance in civil matters pursuant to Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and other provisions. The regulations which apply to legal assistance in criminal matters do not apply to such cases.

3. COMPETENT AUTHORITY TO:

Saksamaa

* receive the request/decision for judicial cooperation

Claims are recovered by the injured party by way of legal assistance in civil matters.

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Saksamaa

Accepted languages for the request/decision

As a rule, a translation of the request into German has to be provided unless – as is the case for some specific Member States on the basis of reciprocity – there is an agreement that no translation is required.

5. EXECUTION DEADLINE

Saksamaa

Deadlines for the execution of the request/decision (where applicable)

Claims are recovered by the injured party by way of legal assistance in civil matters.

6. CONCISE LEGAL PRACTICAL INFORMATION

Saksamaa

a. Special requirements

Claims are recovered by the injured party by way of legal assistance in civil matters.

b. Other useful information

Claims are recovered by the injured party by way of legal assistance in civil matters.

Last reviewed on 6 juuli 2016 by EJN sekretariaat

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