Business Mortgage Law

Original Language Title: Yrityskiinnityslaki

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1984/19840634

In accordance with the decision of the Parliament, provides for: the scope of application of section 1 of Chapter 1 of the mortgage company in the business of a mortgage registered trader, owned by a movable property may be attached to the business and its management, securing the secrecy of this pledge in accordance with this law.

section 2 of the Mortgage Company a mortgage can be confirmed by the holder or to the person designated by the trader or reserving the set bond principal and interest, as well as to guarantee the payment of the debt collection costs declared in the.

section 3 of the Kiinnityskelpoinen property in the business of a mortgage referred to in article 1 of the trader's business of movable property;
1) buildings, structures, machinery, equipment and the use of these comparable property;
2) trade mark law, corporate law, design rights, patent rights and other intellectual property, as well as the rental right, the right of access to the removal and other special rights as well as other fixed assets;
3) substances, materials, products, goods and other property; However, for the cash, as well as 4), securities, securities and other financial assets. (17.5.1991/833)
The business of a mortgage does not apply to the tax refund.

section 4 of the mortgage company relationship to other forms of business mortgage guarantee does not apply to the property, which can be used to fix the mortgage, according to the law. Business mortgage, however, concerns the car mount (810/72) kiinnityskelpoista property. If such property has been fixed mortgage before the mortgage company, the strengthening of the business of a mortgage on the property, according to the laws of the genuine from the car of a mortgage the purchase price to the extent that it does not go to the car of a mortgage debt.
If a building or a mortgage company, which is the subject of a comparable property owner is entitled to ownership of the property, which the attached property is located, or mortgage company building, or other property is transferred to the owner of the said property, the business mortgage will remain in force for the mortgage company property, despite the fact that this has to be regarded as belonging to the real estate and mortgage yields the value of the property before the payment claim to the property in the past laid down for mortgages. The business of a mortgage remains in effect, and produce a priority payment even if a mortgage company is the subject of the agreement between the owner of the property and use the property of the owner of the property is changed in such a way that the use of law and buildings may be established pursuant to the provisions concerning the affixing and mortgage of immovable property. Business mortgage matures, however, six months after the date on which the holder of a mortgage company became aware of the transfer of the property, or any other legal act, which led to the establishment of a mortgage company is the subject of the property became part of the property, or a property the right to use the above change, and no later than two years after the said event, subject to the payment of their claims by a genuine search for assets and report it to the registration authority. (8.2.1991/240)
A mortgage company may not pledge the property otherwise than in accordance with the provisions of this law, and not the kind of pledge of not bound by the holder of the mortgage. Said does not, however, apply to the value of the shares of the securities, and claims. Article 5 (17.5.1991/833) identification of the assets of the Company in lieu of a mortgage applies to all of the trader's attachment to fixing the proprietary and later by the kiinnityskelpoista property.
Business mortgage can also establish a limited so that it applies only to a kiinnityskelpoista property that belongs to a specific part of the business activities of a trader or one or more of the municipality or County to doing business.
Business mortgage does not get fixed in such a way that it is different from the same trader constraint principle laid down in the past, the requested attachment to movable property, or.

section 6 of the ban on Common mortgage a mortgage is not allowed to fix the same commitment of two or more of the trader's assets as collateral.
Chapter 2 section 7 of the legal effects of a mortgage company a mortgage company, produced by the right to the lien of the Mortgage Company to produce the trader's kiinnityskelpoiseen property. A lien arises when the mortgage guarantee company subscribed the undertaking, where the mortgage is established, have been given different fulfillment to keep as is.

date of entry into force of section 8 of the mortgage company, as well as the mutual privilege of Established business mortgage company mortgages shall be valid from the day of the date on which the application for the registration of the mortgage was given to the authority.
Previously, the purpose of the mount is a privilege before the later trade mark applied for. On the same day, subject to the equal right to be applied to the mortgages on the basis of an application not otherwise provided in the attachment of fixing.

section 9 of the Mortgaged assets mortgage company without prejudice to catch your property shall be made available, and used as a regular exchange of goods or the business activities of the assets necessary for the renewal or any other normal business.
Mortgage company, produced by the lien holding property. If it does, that the property is released, have received it in good faith, the lien ceases to exist, even though the property has been disposed of under rule against.
If the trader fails to sell or otherwise dispose of the property subject to the mortgage company as a whole or for the most part, in the business of a mortgage remains in place and to produce a supply of a property prior to the claim to entitlement to payment of the transferee of the assets of the company referred to a mortgage. The mortgage matures, however, six months after the date on which the mortgage holder became aware of the donation and no later than two years after the donation, subject to payment of the claim by a genuine search for assets and report it to the registration authority. The claim of the holder of the mortgage on the property is released there is a released entry as completed or when a mortgage holder has given up on the recovery of, or given a release otherwise. (8.2.1991/240), section 10 (8.2.1991/240) from the company's donation and the mortgage to turn on to be borne by the registered trader can take over another trader to him to hand over the assets of a company established in the economic activities there. Be borne by the inclusion of the subject is a kiinnityskelpoisen belonging to all the business and assets, as well as the fact that the assets of the company as set out in the above-mentioned property and the transferee's consent and agree to the kiinnityksien holders of mortgages on privilege. The admission is to be borne by the mortgage company to answer to the trader to apply for a transfer of authority of the register within three months. Assumption takes place, when the entry in the mortgage companies. To be borne by the recipient after the business mortgage is everything yrityskiinnityskelpoiseen assets.
What provides, where applicable, valid at the time when the issue is a part of the company and the transfer of property, which is enshrined in article 5 of the company by the attachment of a limited provides. Necessary, it is also assumed that the mortgages assumed after taking meet the 5 requirements laid down in paragraph 3 of the article.
Paragraphs 1 and 2, is, mutatis mutandis, apply to the cross-border merger or business activity in the community involved in the Division, and the kiinnityskelpoinen property in Finland, in Finland, the host community to be registered in another State moves to set up the branch. The same applies to the Statute for a European company (SE) pursuant to Council Regulation (EC) No 1782/2003 n ° 2157/2001 and in article 8 of the Statute for a European cooperative society (SCE) pursuant to Council Regulation (EC) No 1782/2003 1435/2003 referred to in article 7 of the transfer of the seat of the European company and European cooperative society statutes from Finland to another State in such a way that the business of the company or cooperative, and the kiinnityskelpoinen property in Finland, will move to the company or cooperative, established a branch in Finland. (on 28 December 2007/1420) in section 11 (8.2.1991/240) concerning changes to the trader or the trader to change the shape of the community of the companies Act (624/2006), chapter 19, section 4, subsection 3, or cooperative Act (423/2013), Chapter 22, section 3 as referred to in sub-section 1, the continuation of the sole proprietorship does not affect the validity of the mortgage and the mortgage company to produce every filing shall be recorded in the commercial register, if there is a change in the business and organizational (244/2001), on the basis of change notification, and if provided for in the joint-stock company or cooperative activities to continue to the trader's assets has not been confirmed by the company. The same applies to all the business of a private trader and the surrender of property belonging to another trader for the company or limited partnership, open to the company, if the transferee of the assets has not been confirmed and the successor in title shall notify the registration authority of the attachment of the company to extend the donor's business. Notice of this must be done within three months. (14.6.2013/431)

The existence of a mortgage company and a mortgage in the event of the merger or the Foundation for the privilege of the community or produced by the company or cooperative, the divide is valid, what the relevant law on the community or the Foundation. (24.4.2015/492)
L:lla 492/2015 modified 2 shall enter into force on the 1.12.2015. The previous wording: the existence of a mortgage company and a mortgage in the event of the merger or the limited-liability company for the privilege attaching to the community or cooperative divisions is valid, what the relevant Community law. (28.12.2001/1493) section 12 (8.2.1991/240) inheritance and property in the event of liquidation of the trader When the trader, whose property has been established in the business of a mortgage company mortgage estate, dies, forming part of the assets of the company is kiinnityskelpoiseen.
If the decedent's estate will be delivered to put an end to the Division or partition of property, the mortgage business remains in force. However, the holder of a mortgage in order to preserve his rights to be respected, provided for in article 9. (16.3.2001/246) the right of the holder of the insurance compensation, section 13 of the Mortgage the mortgage holder is any damage to the pledged property insurance expenses carried out an equal right as he would have been in the property.
If the compensation is carried out under article 15 of the event referred to in paragraph 2, the debtor may bring it only with the consent of the holder of the mortgage.

Article 14 of the Safety fastening, through precautionary garnishee and in bankruptcy the mortgage holder is entitled to receive payment in so far, through precautionary garnishee and bankrupt that company mortgage concerns, according to the order of priority laid down in law.
The mortgage holder does not have the privilege to call up the property before the mortgage company is were confiscated or surrendered in bankruptcy.
If you catch your eye from the rest of the debt, the holder of the mortgage on the property will not require execution of the payment of the selling price of this property, as provided for in, or of the ulosotossa in any other way, even though his claim arising from the funds is not overdue. The right to receive payment is not, however, if the remaining attached to the property as collateral for a mortgage company apparently is enough for a full holder.

the immediate payment of the creditor's rights, section 15, of the Debts may be a genuine asset, even though the payment need to be overdue: 1) where, in the case of a business or part of the assets of the company, which has been established in the business end of the mortgage, or the entire company or its part of the property of the company are disclosed or disclosed within the meaning of the third paragraph of article 9 of the manner or contrary to the provisions of paragraph 1 of article 9, or attached to, the property becomes subject to the real estate mortgage the property into or otherwise detained under section 4 of the within the meaning of paragraph 2; (8.2.1991/240) 2) if the size of the mortgage company is the subject of the property, or most of it will be destroyed in the event of a fire or other comparable event;
3) if the debtor refuses to give the creditor requested the information referred to in section 34; or 4) if the attached property is used to treat ill or it is the value of the collateral is a mortgage holder, and therefore significantly reduced.
The right to the inheritance of a claim under paragraph ceases to exist, unless the mortgage holder within three months of receipt of the information referred to in paragraph 1 point get a claim against the debtor. At the time when the claim is based on the requirement of the first subparagraph of paragraph 1, shall be provided for in article 9(3) within the prescribed period. (8.2.1991/240) Chapter 3 of the mortgage process and the business mortgage register section 16 of the registration authority in the business of a mortgage issues deals with the National Board of patents and registration (Registration Office).
The registry authority shall keep a register of enterprise mortgages business mortgage, which is common to the whole of the country.

section 17 of the Company applying for a Mortgage Company a mortgage is retrieved from the registry. The company can apply for the trader, or by a creditor.
The application shall be drawn up on a form corresponding to the formula adopted by the registration authority. The application shall be accompanied by the registration authority in accordance with a formula to be determined by the mortgage. When the creditor applies for a mortgage, promissory note shall indicate the attachment of the consent of the supplier.
If the application relates to the strengthening of the fastening of the restricted as provided for in paragraph 2 of the section, the application shall contain the information necessary for identification of the pledged property as specified in the regulation in more detail.

section 18 of the Business of a Mortgage Company a mortgage shall be established by the resolution of the dispute in case of solution to the entry in the mortgage companies. Fixing the mortgage registry authority shall be printed on the promissory note of the mortgage certificate.
What provides, is also an extension of the amortization of the mortgage company and business mortgages and sharing. (14 February 1997/149)
When the application is in the business of a mortgage in case is rejected, inadmissible or goes on to put forward, the registration authority shall issue a separate decision, to which shall be attached to the complaint.

section 19 transfer of processing the application if the application is incomplete or the registration authority finds other obstacle to the strengthening or fastening application not immediately be rejected or be dismissed as inadmissible, it must be reserved for the adoption of the opinion to the applicant within a time limit or an opportunity to supplement or correction of the application, that the application by the way States put forward. The decision, in which the threat of sets, not separately.

section 20 of the extension of the Mortgage Company a mortgage, which is enshrined in article 5 (2) an application may be limited, the trader may be extended as referred to in subparagraph (1) of section 5 of the property, if the mortgagee has given their consent.
The mortgage after the mortgage on the date on which the priority is determined by the snap-in.

the combination of mortgages mortgages article 21, relating to the same trader all movable property, or are part of the same company or in the same manner set out laid down in doing business of movable property, at the request of the supplier, may be the consent of the holders of the mortgages combined into one kiinnitykseksi, if kiinnityksillä is the same right or privilege of the order immediately. This type of Mount is the same privilege as the worst place in the issue related to mortgages.

21 (a) section (28.12.2001/1493) attachment to sharing Business mortgages relating to the limited liability company law of the split company referred to in all the business activities of movable property belonging to, or has been confirmed in the manner set out in the territory or part of the company's specific business activities pursued on the movable assets of the company being divided on the application, can be divided in the manner agreed by the company and the mortgage holders of all or part of the recipient companies. The same applies to the cooperative law, the assets of the company being divided of the cooperative within the meaning set out in the mortgage. (14.6.2013/431)
The mortgage may not be distributed in such a way that it is in force, where two or more of the company's assets as a guarantee of the same undertaking, or cooperative.

the period of validity of section 22 of the Mortgage Company mortgage is put in force, until the renewal of it. The pledge should be printed on the promissory note does not apply to the time limit for payment matters, as well as a public challenge to the creditors on 9 November 1868, the provisions of the regulation on the limitation on the claim.
Removal from the register provided for in article 27 of the mortgage company.

section 23 of the mortgage cancellation of the application by the debtor or by a creditor may be in the business of a mortgage application with the consent of the debtor, to amortize in whole or in part.
When applying for the amortization of the debt shall present the original of the registration authority.

23 (a) section (treated as an objection/966) Attachment conversion mortgage company the amount of money to deposit, on application by the right holder of the promissory note to convert to the euro unit on certain provisions relating to the introduction of the euro on the application of Council Regulation (EC) No 1782/2003 1103/97 in accordance with articles 4 and 5.
In the context of the conversion of the amount of the mortgage money, on application by the right holder of the promissory note to pledge to reduce up to the nearest full 100 billion without the permission of the supplier.
The registry authority to convert as from 1 January 2002, the attachment to the amount of markoista euro as specified above, to be respected, while the fastening with otherwise modified.

section 24 of the mutual privilege to change the Business of mortgages mortgages mutual priority can be changed, if the change of mortgage holders, whose position is deteriorating, are agreed.
Change the order of priority when applying for a mortgage, what is to be followed, mutatis mutandis, to the points kuolettamisesta.

section 25 of the business mortgage register the business mortgage register shall contain: 1 the name of the supplier, secured promissory note) issue date, the interest rate on the capital and, as well as to whom the promissory note is issued;
2. the filing date of the application the applicant) of the mortgage;
3 strengthening, expansion, merge) mortgage, partition, format conversion and cancellation, as well as to change the order of priority;
4) label affixed to the assets allocated to the garnishment, attachment or sequestration, the trader's application for transfer of property, as well as the operation of the company and of the bankruptcy;
5) information of the sort referred to in paragraph 3 of article 18 of the resolution, which has been lodged;
the registry authority of 6) the holder of the mortgage debt and his address.

(30.12.2013/1157) The business mortgage register may be entered in any other information, as provided for in the regulation.

Article 26 (on 5 December 2003/1031) to correct an incorrect solution, and an entry in the register of the company as well as an incorrect solution to the mounting case the business mortgage register to be compliance with the management of the incorrect information to fix Act (434/2003).

removal from the register of article 27 of the Company due to the bankruptcy of a trader of mortgages or the status of the liquidation or the performance of the business of a mortgage company a mortgage shall be deleted from the registry after the dissolution of the community activity or is this on the basis of the notification or communication was the entry in the commercial register. Open due to the liquidation of the company or limited partnership will be the business mortgage register only, if the explanation of the procedure have been complied with, what the open company and limited partnership company (389/88), Chapter 5, section 15, of the 1-3 provides. (8.2.1991/240)
The registration authority may remove from the register a mortgage company, in the absence of such indications concerning the assets of the company, of which the trader is established, will be deleted from the commercial register, the trade register Act (129/1979) as referred to in article 24(2). The assets of a public limited company or cooperative established in the business of a mortgage can be removed in ten years ' time, when the company or cooperative has been removed from the register under the companies Act, Chapter 20, section 2, chapter 23 of the law, or the cooperative on the basis of article 2. The assets of the Foundation established in the business of a mortgage can be used to remove the ten years after the adoption of the law on foundations, the Foundation, the Foundation has been removed from the register of (486/15) on the basis of article 2, Chapter 12. Before mounting on the ground referred to in this paragraph shall be deleted from the register, the registration authority shall be reserved for any known holder an opportunity to be heard. (24.4.2015/492)
L:lla 492/2015 modified 2 shall enter into force on the 1.12.2015. The previous wording includes: Registration Authority may remove from the register a mortgage company, in the absence of such indications concerning the assets of the company, of which the trader is established, will be deleted from the commercial register, the trade register Act (129/1979) as referred to in article 24(2). The assets of a public limited company or cooperative established in the business of a mortgage can be removed in ten years ' time, when the company or cooperative has been removed from the register under the companies Act, Chapter 20, section 2, chapter 23 of the law, or the cooperative on the basis of article 2. Before mounting on the ground referred to in this paragraph shall be deleted from the register, the registration authority shall be reserved for any known holder an opportunity to be heard. (14.6.2013/431), Chapter 4, section 28 of the appeal of the decision, a party may appeal to the registration authorities complaining about the registration authority's decision in the case referred to in the Helsinki Court of law.

an applicant for a change to article 29 of the Declaration of the President of the Discontent, failing which they shall notify to the dissatisfaction is completed not later than the seventh day after the date on which the decision is delivered to them. To the displeasure of the announcement will be made in the registry. To the displeasure of the approval of the notification of the registration authority to decide on it, which is mounting the resolve or his Deputy.

section 30 of the time limit for making a complaint appeal is 30 days from the date on which the decision was given to the applicant shall be notified of the change. No later than the date of expiry of the appeal period is the President of the appellant, failing which they shall submit to the appeal of the registration authority.

the application of the provisions of article 31 of the code of judicial procedure on appeal in addition to the prescribed by law, mutatis mutandis, to what is laid down in chapter 25 of the code of judicial procedure. What the chapter is called alioikeudesta or its secretariat has, for the purposes of this Act applies to the registration authority.

32 section of the Court of appeal decision to the appeal of the Court of appeal in the decision in the case referred to in the law of the case is retrieved from the Supreme Court, as provided for in Chapter 30 of the code of judicial procedure.

section 33 of the urgency of the proceedings of appeal to the appeal for the attaching things to the company shall be treated as a matter of urgency.
Chapter 5 miscellaneous provisions article 34 (28.12.2001/1493) the holder of the mortgage on the property, safeguarding the right to a trader, has been established in the business of a mortgage, there is a duty to report promptly to the mortgage holder, part of the firm or of its mortgage operations, the undertaking or of part of it or a company referred to in subsection 3 of section 9 of the transfer of property to a company merger, the Division of a joint stock company or cooperative, on the trader of the changes referred to in article 11, catch your property under section 15 of the hardship faced by the provided for in paragraph 2 to the event, as well as other events affecting the company, the holder of the mortgage law, essentially. The user must provide at the request of the holder of the mortgage on the property of the value of the collateral attached to the other for the necessary information.

Article 35 the business mortgage register information and certificates pursuant to the Business of a mortgage entries in the register and the documents which are each have the right to receive information.
The company provides for the adoption of the regulation of mortgages.

35 (a) section (05/14/2010/390) obligation to the Court of Justice of the Supreme Court and the Court of appeal shall, without delay, send a copy of the company, in its appeal for the attaching of the decision registry. The Court of appeal shall also indicate whether the decision appealed against.
The obligation to inform the Court of the solution by making it on the administration of Justice, the decision of the national information system solution and notification system, or by providing information on the right to register the registry authority, where appropriate, the information centre of the Ministry of Justice provided for in the regulation. The adoption and the entry of the data of the administration of Justice, shall apply to the transmission of what the national information system (371/2010) and under it.

36 section (on 5 December 2003/1031) the sending of a document Company mortgage in case documents shall apply to the administration of the law.

the provisions of the enabling provision of article 37 of the mortgage process and more detailed the business mortgage register as well as other necessary provisions for the implementation of this law and shall be adopted for the application of the regulation.
Before the entry into force of this law may be taken to implement the necessary measures.

Article 38 entry into force this law shall enter into force on 1 January 1986.
This Act shall be repealed on 17 February 1923, of movable property mortgage law (55/23), as amended, as well as subsequent electricity property law of 17 December 1948 (936/48). Before the date of the entry into force of this law shall apply to the previous law, which entered the case.
Movable property in accordance with the established laws of the movable property mortgage mortgage expires five years after the entry into force of this law. So long as the personal estate of the mortgage is in effect in accordance with this paragraph, it shall be governed by the provisions in force at the time of entry into force of this law, and movable property mortgage will produce during the privilege before the law laid down in the attachment of this company. What the rest of the law provides for the entry into force of this law, the contents of the entry of a mortgage company a mortgage.
In accordance with the law on electricity property real estate registration registration as well as the electricity property props are valid for a period of five years from the entry into force of this law. Electricity to the property after the mortgage is fixed this in the past, electricity property to a registered real estate. THEY 190/83, lvk. Mrs. 3/84, svk. Mrs. 59/84 acts entry into force and application in time: 8.2.1991/240: this law shall enter into force on 1 March 1991.
Before the entry into force of this law, the transfer of the pledged property in the event of transfers of undertakings, as well as the trader referred to in article 11, on the effect of the change in the business at the date of entry into force of this law, mortgages is determined by the provisions in force.
THEY'RE 139/90, lvk. Mrs. 12/90, svk. Mrs. 196/90 17.5.1991/833: the entry into force of this Act lays down the law. ((L) 833/1991/1991, in accordance with the entry into force of the fire L 1.8.1991.)
THEY'RE 104/90, pankkivk. bet. 11/90, svk. Mrs. 240/90 14/149: this law shall enter into force on 1 September 1997.
THEY'RE 89/1996, TaVM 24/1996, EV 233/1996 treated as an objection/966: this law shall enter into force on 1 January 1999.
THEY 156/21/1998, 1998, TaVM EV 165/1998 15.12.2000/1096: this law shall enter into force on 1 April 2001.
THEY 69/2000, 18/2000, TaVM EV 113/2000 16.3.2001/246: this law shall enter into force on 1 April 2001.
At the time of entry into force of this Act in force under section 11 or 12 of the Declaration is based on the transfer of mortgages under the provisions of the amendment, as well as the validity of the mortgage, and the privilege applies to the past. This law, in article 11 of the said law, the period shall be calculated from the date of entry into force if the business activities and the assets have been disposed of in the past.

When connecting to the private, nonprofit association or foundation of a trader the business functions of the law amending the law on the commercial register (245/2001), on behalf of the public authorities pursuant to the transitional provision of the new unit will be transferred to business mortgages. If more than one unit is in force that are mapped to the enterprise in the register of mortgages, are not allowed to do the entry, before the mortgage holders have agreed to and have made an application for the privilege of mortgages, or mortgages are to be amortized.
THEY'RE 188/2000, TaVM 2/2001, EV 13/2001 28 December 2001/1493: this law shall enter into force on 1 January 2002.
THEY'RE 176/2001, 21/2001, EV TaVM 217/2001 on 5 December 2003/10: this law shall enter into force on 1 January 2004.
THEY'RE 79/2003, HaVM 6/2003, EV 61/2003 13 August 2004/747: this law shall enter into force on 8 October 2004.
THEY'RE 55/2004, TaVM 13/2004, EV 107/2004, Council Regulation (EC) No 1782/2003 n ° 2157/2001 (32001R2157); OJ No l L 294, p. 1, 8.10.2001 on 21 July 2006/631: this law shall enter into force on 1 September 2006.
THEY TaVM 7/109/2005, 2006, EV 63/2006, 19.10.2006/911: this law shall enter into force on 1 November 2006.
THEY'RE 54/2006, TaVM 9/2006, EV 99/2006, Council Regulation (EC) No 1782/2003 1435/2003 (32003R1435); OJ No l L 207, 18.08.2003, p. 1-28 December 2007/1420: this law shall enter into force on 31 December 2007.
THEY'RE 103/2007 TaVM 8/2007, EV 115/2007 of the European Parliament and of the Council Directive 2005/56/EC, OJ No L L 310, July 12, 2005, pp. 1-9 05/14/2010/391: this law shall enter into force on 1 December 2010.
THEY'RE 102/2009, LaVM 2/21/2010, 14.6.2013 2010, EV/431: this law shall enter into force on 1 January 2014.
THEY are 185/6/2013, 2012, TaVM EV 48/13 30.12.2013/11: this law shall enter into force on 1 January 2014.
THEY LaVM 17/14/2013, 2013, EV 203 24.4.2015/492/2013: this law shall enter into force on 1 December 2015.
THEY LaVM 20/166/2014, 2014, EV 276/2014