Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 460.8 · Mutual Assistance For The Recovery (S.L. 460.8)

S.L. 460.8 Art. 10Amendment or withdrawal of the request for recovery assistance.

In KraftAmtlicher Text

(1) A request made under article 9 may be amended or withdrawn. The applicant authority shall inform the requested authority about the amendment or withdrawal, and the reasons which led to such amendment or withdrawal.

(2) Where the amendment of the request is due to a decision given by the competent court of the applicant authority, the applicant authority shall communicate the decision to the requested authority together with a Revised Uniform Instrument Permitting Enforcement in the requested Member State as provided in the Fifth Schedule. The requested authority shall proceed with taking further recovery measures on the basis of the revised instrument.

(3) The revised instrument permitting enforcement may be accompanied by other documents relating to the claim made in the applicant Member State.

(4) Where the requested authority has taken recovery or precautionary measures on the basis of the original uniform instrument permitting enforcement, recovery or precautionary measures may be continued on the basis of the revised instrument:

Provided that the amendment of the request is not due to the invalidity of the initial instrument permitting the enforcement in the applicant Member State or the original uniform instrument permitting enforcement in the requested Member State.

(5) The provisions of article 9(1) and (2) and article 12 shall, mutatis mutandis, apply to the revised instrument issued by the applicant Member State.