In future, the auctioning of objects seized by the bailiff in the execution proceedings is to be made easier on the internet. Internet auctions are to be made possible as a rule, in addition to the usual on-site auctions. The Federal Cabinet has now passed a corresponding bill.
Up to now, the auction of so-called movable property - i.e. not real estate - has been provided for in the Code of Civil Procedure as a presence auction by the bailiff. The necessary presence of the auctioneer and the bidder is inconvenient and sometimes causes high costs, not least because of the journey. The bailiff can only auction the seized property in another way - for example via the internet - if the creditor or debtor requests this. This is time-consuming and impractical. In future, the auction of movable property should be able to take place on the internet without further ado and become an equal alternative to the face-to-face auction.
The Act supplements the existing provisions of the Code of Civil Procedure so that internet auctions become a matter of course. 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.
In addition, the law concerns the enforcement of tax assessments and rulings of the tax courts in favour of the tax authorities. Internet auctions of movable property are also established in the Fiscal Code as a statutory rule alongside face-to-face auctions. In these cases, the auction takes place on the auction platform http://www.zoll-auktion.de/. This platform, operated by the Federal Customs Administration, has already been used successfully for several years.
The law still requires the approval of the Federal Council. The parliamentary procedure is to be completed before the end of this legislative period.
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 -