Basic HTML Version
1583
Kanunları ve Tercümeleri
ARTICLE 18767
Information on the result of the execution
The executing authority shall without delay inform the competent authority of the issuing
State:
a) of the transmission of the confiscation order to the competent Romanian court, ac-
cording to Art.18759 para. (4);
b) of any reasoned decision not to recognise the confiscation order;
c) of the total or partial non-execution of the order for the reasons referred to in Art.
18753, Art.18760 para. (3), Art.18761 and Art.18765;
d) as soon as the execution of the order has been completed;
e) of the application of alternative measures, according to Art.18760 para. (5).
ARTICLE 18768
Compensation
(1) Any interested party, including bona fide third parties, shall be entitled to compensation,
according to the law, if their rights have been violated by the recognition or execution of a con-
fiscation order.
(2) The substantial reasons for issuing the confiscation order cannot be challenged before the
Romanian executing court.
(3) If a claim for compensation of damage is brought before a Romanian court, it shall inform
thereof the competent authority of the issuing State.
ARTICLE 18769
Reimbursement
(1)Without prejudice to Art. 18768 para. (2), where Romania is responsible for injury caused to
one of the interested parties, including bona fide third parties, by the execution of a confiscation
order transmitted to a Romanian judicial authority, it shall request the issuing State to reimburse
any sums paid in damages to the said party, except if, and to the extent that, the injury or any part
of it is exclusively due to the conduct of the Romanian authorities.
(2) Para. (1) is without prejudice to the national legal provisions on claims by natural or legal
persons for compensation of damage.”
66. After Article 189, the following mention is hereby inserted: