Judicial auctions

Allemagne

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Allemagne

1. Publicising and pricing regarding the sale of seized assets

In the case of compulsory sale of immovable property, the market value shall be determined after the court has ordered the proceedings. As a rule, the court appoints an expert who evaluates the property. The market value shall be determined on the basis of the report drawn up. The date of the appointment must be made public. The notice shall be published in the electronic information and communication system intended for the court or by single publication in the local official gazette and notice on the court panel. Other publications may be published by the General Court, for example on the internet or in newspapers.

Movable property is auctioned by the bailiff as an auction on the spot or as a public auction on the internet via an auction platform (see point 6). The bailiff estimates the normal sales value of the case, possibly with the assistance of an expert. The minimum requirement is half of the normal sales value and is announced by the bailiff.

2. Third parties that may conduct the sales operation

The forced sale of immovable property is carried out by the judicial officer of the enforcement court at the local court. The movable property is auctioned by the bailiff.

3. Auction types for which the rules might not fully apply

Public real estate auctions conducted by publicly appointed and sworn land auctioneers are not subject to the rules on compulsory judicial sale of real estate. The voluntary bidding process is also not subject to these rules.

4. Information on National registers of assets

The district courts keep land registers in which land, ownership and encumbrance are recorded.

The local courts also keep ship registers and the register of shipbuilding works in which ships and shipbuilding structures are registered, ownership and charges are recorded.

Commercial, cooperative and partnership registers are kept in the district courts. In the commercial register, traders (including corporations) and commercial companies are registered under their name. Cooperatives are listed in the register of cooperatives and partnerships are recorded in the register of partnerships. Information from these registers is available on the Common Register Portal of the Länder at http://www.handelsregister.de. The business register brings together all the key data to be published, including accounting documents, and is made available electronically at http://www.unternehmensregister.de.

The Federal Aviation Office (Luftfahrt-Bundesamt) keeps a register of aircraft in which all aircraft registered in Germany are registered.

The Federal Motor Transport Authority (Kraftfahrt-Bundesamt) keeps a Central Vehicle Register (ZFZR). The ZFZR contains all vehicle and keeper data on motor vehicles registered or bearing an insurance plate. Ownership is not stored.

Industrial property rights are registered at the German Patent and Trademark Office and are available under DPMAREGISTER.

5. Information on databases for creditor’s to identify debtor’s assets or claims

The list of debtors is kept at the central enforcement courts of the Länder. The list of debtors is intended to protect commercial transactions from uncreditworthy persons.

Debtors shall be entered in the list of debtors:

  • they have failed to fulfil their obligation to provide the financial information;
  • who have provided financial information showing that it is not possible to satisfy the creditor;
  • who have not demonstrated full satisfaction of the creditor within one month of the submission of the financial information;
  • for which the opening of insolvency proceedings was refused due to lack of assets;
  • in respect of which discharge of the residual debt has been refused or revoked.

The entries in the debtors’ register can be retrieved from the joint enforcement portal of the Länder at http://www.vollstreckungsportal.de.
In the context of enforcement, the bailiff may be instructed to obtain information from the following bodies:

  • the institutions of the statutory pension insurance scheme,
  • the Federal Central Tax Office,
  • the Kraftfahrt-Bundesamt (Federal Motor Transport Authority).

The court notices about the opening of insolvency proceedings and the granting of interim measures are published at http://www.insolvenzbekanntmachungen.de.

6. Information on online judicial sales

Online forced sales of real estate are not permitted. The online forced sale of movable property is carried out via the website http://www.justiz-auktion.de.

Last update: 18/11/2020

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