S.L. 460.8 Art. 12Rightsofinterested party, jurisdiction of the Courts, suspension.

(1) Any person who feels aggrieved by -

(a) a claim raised against him by the applicant Member

State;

(b) the initial instrument permitting enforcement in the applicant Member State;

(c) the validity of the notification made by a competent authority of the applicant Member State;

(d) the uniform instrument permitting enforcement in the requested Member State;

(e) the enforcement measures taken in the requested Member State; and

(f) the validity of a notification made by a competent authority of the requested Member State, may seek redress before the competent court in terms of subarticles

(2) and (3).

(2) It shall be the competence of the courts of the applicant Member State to determine claims relating to subarticle (1)(a) to (d).

(3) It shall be the competence of the courts of the requested Member State to determine claims relating to subarticle (1)(e) and (f).

(4) When an interested party seeks redress in terms of subarticle (2), the applicant authority shall inform the requested authority regarding the submission of the proceedings, the extent to which the claim is being contested, and whether the requested authority is to recover the contested claim or part thereof. AND OTHER MEASURES) [

(5) Upon receipt of the information from the applicant authority or from the interested party concerned, the requested authority shall suspend the enforcement procedure in relation to the part of the contested claim, unless it has specifically been requested by the applicant authority to recover the contested claim or part thereof in terms of subarticle (4):

Provided that the recovery of the claim or part thereof is permissible under Maltese law, and the request submitted is justified by the applicant authority:

Provided further that if the contestation is decided in favour of the debtor, the applicant authority shall reimburse to the requested authority any sums recovered and any other compensation due according to Maltese law.

(6) Without prejudice to subarticle (5) and to article 10, the requested authority may, at the request of the applicant authority or when it deems it necessary, take all the necessary precautionary measures in terms of Maltese law, to ensure the recovery of the debt due.

(7) (a) When a mutual agreement procedure has been initiated by the competent authorities of the applicant Member State or the requested Member State, and the outcome of the procedure may affect the claim in respect of which assistance has been requested, the recovery measures shall be suspended or stopped until that procedure has been terminated.

(b) When the recovery measure has been suspended or stopped in terms of paragraph (a), the requested authority may take precautionary measures to guarantee the recovery.

(c) Without prejudice to paragraph (a), recovery measures shall not be suspended or stopped in case of immediate urgency due to fraud or insolvency.