Part 4
Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 44
Enforcement of Forfeiture Orders
(relating to Article 77 para. 2(b), Article 109 para. 2 of the Rome Statute)

(4) To the extent that a forfeiture order of the Court contains a decision regarding the rights of third parties, these are binding, unless:
1. the third party obviously did not have the opportunity to enforce his rights,
2. the decision cannot be reconciled with a domestic civil law decision reached in
the same matter, or
3. the decision relates to the rights of third parties to real property or real property
rights located in Germany; priority notices also constitute third party rights.
If one of the cases in sentence 1 exists, the Court shall have the opportunity to
provide comments in the proceedings under § 68 para. 1. The rights of third parties to the objects remain to the extent foreseen by the Statute. Third parties who, under the circumstances of the case could exercise rights over the object, shall have, prior to a ruling, the opportunity to provide comments to the extent they have not already been able to provide comment to the Court. They may use legal assistance at each stage of the proceedings.