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

S.L. 460.8 Art. 13Limits to the requested authority’s obligations.

En vigueurTexte officiel

(1) The requested Member State may refuse to grant assistance to a request submitted by an applicant authority:

(a) in accordance with the provisions of articles 9 to 12, if the recovery of the claim, in relation to the situation of the debtor, would create serious economic or social difficulties in the requested Member State;

(b) in accordance with the provisions of articles 6 to 12, if the request for assistance is in relation to a claim which was due in the applicant Member State five years prior to the date of the initial request:

Provided that where the claim or the initial instrument permitting enforcement in the applicant Member State is contested, the prescription period of five years shall commence to run from the date when it is established in the Member State that the claim or the initial instrument permitting enforcement may no longer be contested: AND OTHER MEASURES)

Provided further that in the case relating to a postponement of payment or instalment plan granted by the competent authority of the applicant Member State, the prescription period of five years shall commence to run on the termination of the payment period, and provided that ten years have not elapsed since the date when the claim was due in the applicant Member State.

(2) The requested Member State may also refuse to grant assistance to a request submitted by an applicant authority in relation to a claim of under one thousand five hundred euro (€1,500).

(3) Where the requested authority refuses to grant assistance in terms of subarticles (1) and (2), it shall inform the applicant authority of the ground of refusal.