In the future, the auction of items seized by bailiffs during enforcement proceedings is intended to be conducted more easily online. Internet auctions are to be established as a standard procedure, alongside the traditional on-site auctions. The Federal Cabinet has now approved a corresponding draft law.
Previously, the auction of movable assets – excluding real estate – was stipulated in the Code of Civil Procedure as an on-site auction conducted by the bailiff. The necessary physical presence of the auctioneer and bidders is cumbersome and often incurs significant costs, not least due to travel. The bailiff could only auction seized items by alternative means – such as via the internet – if requested by either the creditor or the debtor. This process is complex and impractical. In the future, the auction of movable assets should be able to take place online without further preconditions, becoming an equally valid alternative to on-site auctions.
The law supplements the existing provisions of the Code of Civil Procedure, thereby establishing internet auctions as a standard practice. The federal states are authorized to regulate specific details, such as the auction platform, the commencement, conclusion, and procedure of the auction, or the prerequisites for participation, through statutory ordinances.
Furthermore, the law addresses the enforcement of tax assessments and judgments from fiscal courts in favor of the tax authorities. The internet auction of movable assets is also being established in the Fiscal Code as a statutory standard procedure, alongside on-site auctions. In these instances, the auction is conducted on the platform http://www.zoll-auktion.de/. This platform, operated by the Federal Customs Administration, has been successfully utilized for several years.
The law still requires the approval of the Bundesrat (Federal Council). The parliamentary procedure is expected to be concluded within the current legislative period.
Source: Press release of the Federal Ministry of Justice
Goldberg Rechtsanwälte
Attorney Michael Ullrich, LL.M. (Information Law)
– Specialist Attorney for Information Technology Law –
E-mail: m.ullrich@goldberg.de
