Act In The German Democratic Republic In Outstanding Claims For Compensation From Expropriation

Original Language Title: Gesetz zur Regelung in der Deutschen Demokratischen Republik nicht erfüllter Entschädigungsansprüche aus Enteignung

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Act in the German Democratic Republic in outstanding claims for compensation from expropriation (DDR compensation compliance law DDR EErfG) DDR EErfG Ausfertigung date: 10.12.2003 full quotation: "DDR performance Act of 10 December 2003 (BGBl. I p. 2471, 2473;)" 2004 i p. 1654) "footnote (+++ text detection from: 17.12.2003 +++) as article 4 of the G v. 10.12.2003, the G was I 2471 decided by the German Bundestag, with the consent of the Federal Council." It entered into force article 12 of this G on the December gem..

Section 1 entitled to subsequent fulfilment of a claim for compensation (1) a claim for compensation is not been fulfilled according to the legal regulations applicable at the time of expropriation in the former German Democratic Republic, as this is aimed at those public administration institution which received directly or indirectly the expropriated asset due to the terms of the Unification Treaty. Was sold before October 3, 1990, from public property the expropriated asset or is before 3 October 1990 of the expropriated asset has been proven in a return to the State budget of the German Democratic Republic has been paid, the claim against the compensation fund.
(2) this law is to apply correspondingly to compensation that were provided in the acceding territory with expropriations besatzungsrechtlicher or occupying State authority based on. This also applies to first Optional investments by foreign partners the company officials expropriated on the basis of the above; the applicant has to declare the renunciation of any continuing equity securities or other property rights which were been granted to the foreign shareholder of the newly formed company carrier relating to expropriation in these cases.
(3) a claim for compensation in the former German Democratic Republic was not fixed, so the compensation 1. land and buildings is calculated according to the 1,3fachen the unit value last identified prior to the injury, replacement unit value or value of aid within the meaning of § 3 para 1 to 3 of the compensation act of 27 September 1994 (Federal Law Gazette I p. 2624), 2 in shares after the 1,3fachen unit value last identified in the main assessment period before the damage , Replacement unit value or net assets within the meaning of section 4 of the Compensation Act, 3. any claim to satisfy current liabilities according to § 5 of the compensation law, 4 claims on movable property according to section 5a of the compensation law.

Rights to dispossessed section 2 land of holder of rights to a plot of land or buildings that were registered for the use in the land, and their successors are entitled to meet their underlying the physical laws call from the compensation to be paid, unless they have received no compensation yet. the granting of compensation according to § 40 of the D-Mark balance sheet Act does not apply in so far as compensation. Exceed the amount of the asserted claims to the amount of compensation, the activities for the claims to shorten accordingly. Section 3, subsection 4, sentence 3 and 4 of the compensation act of 27 September 1994 (Federal Law Gazette I p. 2624) shall apply mutatis mutandis.

§ 3 currency conversion the claim in mark of the German Democratic Republic is in relation to switch to 2-to-1 on the Deutsche mark; This amount is to switch to euro. The claim is contrary to section 7 para 2 of the compensation law by April 25, 1960 (Coll. I no. 26 p. 257), § 3 par. 2 of the compensation act of June 15, 1984 (Coll. I no. 17 p. 209) and § 6 section 2 and section 12 paragraph 2 of the regulation on compensation to former partner for investments in established companies and satisfying long-term liabilities from the period after 8 May 1945 by August 23, 1956 (Coll. I no. 77 S. 683) from the December 17 to pay interest on 2003 with 4 per cent for the year. The same applies for the demands to be fulfilled according to § 2 of the compensation to mark of the German Democratic Republic.

§ 4 jurisdiction decide on claims under §§ 1 and 2 the authorities responsible for the implementation of the property law. The Office, State Office or national Office to open property issues, in whose district the expropriated land or building is situated or the dispossessed company had its headquarters is responsible. A proprietary process in a Government Office was pending or pending, this remains responsible. The State Governments be empowered to transfer the duties instead of the authority pursuant to sentence 1 and 2 by Decree of another State authority under this Act.

§ 5 application deadline applications according to §§ 1 and 2 may until June 16, 2004 are (exclusion period). An application about the still not definitive has been decided, according to the investment law, is considered the request under that provision.

§ 6 the sections V and VI of the Investment Act shall apply procedures. § 32 para 1 of the property law does not apply. § 26 par. 3 of the assets Act also applies for opposition proceedings.

§ 7 exclusion of double compensation the person entitled for the loss of the expropriated asset or the withdrawal of the claim for compensation has a power according to the law governing property issues, the compensation law or the compensation performance Act of 27 September 1994 (BGBl. I S. 2624) or receive services according to the load balancing act or he is entitled to such a performance, so eliminated claims under this Act.