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

S.L. 460.8 Art. 14Prescription.

In KraftAmtlicher Text

(1) Prescription shall be regulated by the laws of the applicant Member State.

(2) Any action taken in the recovery of claims by or on behalf of the requested authority in pursuance of a request for assistance, which -

(a) leads to the suspension, interruption or prolongation of prescription according to the laws of Malta, shall be binding on the applicant Member State as long as the applicant Member State recognizes similar causes under its laws;

(b) does not lead to the suspension, interruption or prolongation of prescription according to the laws of Malta, but could have had the same effect in the applicant Member State had such action been carried out by the applicant authority in its Member State, shall be deemed to have been taken in the applicant Member State.

(3) The provisions of subarticle (2) shall be without prejudice to any measure which the authorities of the applicant Member State may take to suspend, interrupt or prolong prescription in accordance with the laws of the applicant Member State.

(4) The applicant authority and requested authority shall inform each other regarding any action taken which could have an effect on the suspension, interruption or prolongation of prescription in relation to claims for which recovery or precautionary measures were requested.