Internet auction and electronic club registration

On 14 May 2009, the German Bundestag debated the Federal Government's draft laws on internet auctions in compulsory enforcement and on facilitating electronic applications to the register of associations in their first reading.

1. internet auction in compulsory execution

In future, the auctioning of objects seized by the bailiff in the course of execution is to be made easier on the internet. Up to now, the auction of so-called movable property - e.g. furniture and electronic devices - has been provided for in the Code of Civil Procedure as a presence auction by the bailiff. The necessary presence of auctioneer and bidder is inconvenient and sometimes causes high costs, not least because of the journey.

Internet auctions are to be made possible as a rule in addition to the hitherto customary on-site auctions. The bill supplements the existing provisions of the Code of Civil Procedure so that internet auctions also become a matter of course in compulsory enforcement. The federal states are authorised to regulate details such as the auction platform, the beginning, end and course of the auction or the requirements for participation in the auction by statutory order. Internet auctions of movable property will also be established in the Fiscal Code as a statutory rule alongside face-to-face auctions.

2. electronic applications to the register of associations

The draft law creates the federal legal prerequisites so that the Länder can also allow electronic applications for all applications to the register of associations - from the initial application to the application for the termination of an association. In contrast to the commercial, cooperative and partnership registers, however, all applications to the register of associations will continue to be possible in paper form. In addition to the provisions on electronic filing, the draft contains further changes to register law. In addition, some obsolete provisions from the law on associations are repealed, while others are adapted to the evolving legal practice.

Source: Press release of the Federal Ministry of Justice


Goldberg Attorneys at Law

Attorney at Law Michael Ullrich, LL.M. (Information Law)

Specialist lawyer for information technology law (IT law)