Law governing the settlement in the German Democratic Republic of unfulfilled compensation claims arising from expropriation (DDR-Compensation-Remuneration Law-DDR-EErfG)

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DDR-EErfG

Date of completion: 10.12.2003

Full quote:

" DDR Compensation Act of 10 December 2003 (BGBl. I p. 2471, 2473; 2004 I p. 1654) "

Footnote

(+ + + Text proof: 17.12.2003 + + +) 

  

The G was decided as Article 4 of the G v. 10.12.2003 I 2471 of the Bundestag with the consent of the Bundesrat. It's gem. Article 12 of this Act entered into force on 17.12.2003. Unofficial table of contents

§ 1 Claim for subsequent performance of a compensation claim

(1) If a claim for compensation has not been fulfilled in accordance with the legal provisions applicable at the time of the expropriation in the former German Democratic Republic, the latter shall be directed against the institution of public Administration which has received the appropriated asset directly or indirectly on the basis of the provisions of the agreement. Was the expropriated asset before the 3. October 1990, from Volkseigentum, or is before 3. (2) This Act is accordingly applicable to the State budget of the German Democratic Republic. (2) This law is accordingly applicable to the to apply the compensation provided for in the accession area for expropriation on the basis of a legal basis or on the basis of the law on the basis of a law on the remuneration of the applicant. This also applies to initially exempted participations of foreign shareholders in the companies which have been paid on the basis of the above mentioned basis; in such cases, the applicant has the waiver of any continuing participation or participation in the company. other property rights granted to the foreign shareholder in connection with the expropriation of the newly formed entity. (3) Is a claim for compensation in the former German Democratic Republic The Republic of the Republic of the Republic of the Republic of the Republic of

1.

in the case of land and buildings, according to the standard value, replacement unit value or auxiliary value as defined in section 3 (1) to (3) of the Compensation Act of 27 September 1994 (BGBl, BGBl), which was last observed before the injury. 2624),

2.

in the case of shares in the company after 1 3 times the unit value, equivalent value or net worth in the sense of § 4 of the Compensation Act, which was last observed in the main reference period prior to the injury,

3.

in the case of claims for the satisfaction of long-term liabilities in accordance with § 5 of the Compensation Act,

4.

in the case of claims to movable property in accordance with Section 5a of the Compensation Act.

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§ 2 Rights of deappropriated land

Creditors of rights in a property or building entered in the land register, and their legal successor, shall be entitled to the payment of their claim from the person to be paid in accordance with the law of rem in rem Compensation in so far as they have not yet received compensation; the granting of compensatory claims in accordance with § 40 of the D-market balance sheet shall not be regarded as compensation to this extent. If the sum of the claims asserted exceeds the compensation amount, the benefits for the claims shall be reduced accordingly. § 3 (4) sentence 3 and 4 of the Compensation Act of 27 September 1994 (BGBl. 2624) shall apply accordingly. Unofficial table of contents

§ 3 Currency change

The claim based in Mark of the German Democratic Republic shall be converted to Deutsche Mark in the ratio of 2 to 1; this amount shall be converted to euro. The claim is notwithstanding Article 7 (2) of the Compensation Act of 25 April 1960 (GBl. 257), Section 3 (2) of the Compensation Act of 15 June 1984 (GBl). 209) and Section 6 (2) and Article 12 (2) of the Regulation on compensation of former shareholders for shareholdings in disgraceful enterprises and the satisfaction of long-term liabilities from the period after 8 May 1945 of 23. August 1956 (GBl. 683) from 17 December 2003, with 4 of the hundred for the year. The same shall apply to the claims to be fulfilled in Mark of the German Democratic Republic pursuant to § 2 of the Compensation. Unofficial table of contents

§ 4 Responsibility

The authorities responsible for the implementation of the property law shall decide on claims in accordance with § § 1 and 2. The Office, the State Office or the State Office for the regulation of open property matters, in whose district the expropriated property or building is situated, or where the company that has been expropriated had its seat, is responsible. If a legal procedure has been pending or pending before the Office, it shall remain responsible. The State Governments shall be authorized to transfer, in place of the competent authority in accordance with the provisions of the first and second sentences, the tasks under this Act to another State authority by means of a regulation. Unofficial table of contents

§ 5 Application deadline

Applications in accordance with § § 1 and 2 may be filed until 16 June 2004 (exclusion period). An application under the Assets Act, which has not yet been passed through a final decision, shall be deemed to have been submitted in accordance with this provision. Unofficial table of contents

§ 6 Procedure

Sections V and VI of the Assets Act shall apply accordingly. Section 32 (1) of the Property Law does not apply. For opposition proceedings, Section 26 (3) of the Assets Act applies accordingly. Unofficial table of contents

§ 7 Exclusion of double compensation

If the person entitled to the loss of the asset or for the withdrawal of the claim for compensation has a performance under the law governing open property, the compensation law or the compensation law of the 27. September 1994 (BGBl. 2624), or benefits under the burden-compensation law, or are entitled to such benefit, claims shall be divorced in accordance with this law.