Section 87 Principle

(1) Assistance in matters relating to the enforcement of judgments which is rendered to another Member State in accordance with the provisions of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76, 22.3.2005, p. 16), as amended by Framework Decision 2009/299/JHA (OJ L 81, 27.3.2009, p. 24) (Framework Decision on Financial Penalties), is governed by the provisions of this Subdivision. The provisions of Part 4 only apply where explicit reference is made to them in the following.

(2) Assistance in matters relating to the enforcement of judgments may be rendered by way of enforcement of a financial penalty imposed on the person concerned by final decision if that financial penalty is based on a decision given by
1. a court in the requesting Member State for an offence which is punishable under its law,
2. a non-judicial agency in the requesting Member State for an offence which is punishable under its law, insofar as recourse was open to a court which also has jurisdiction in criminal matters in respect of that decision,
3. a non-judicial agency in the requesting Member State for an offence which can be prosecuted under its law as a regulatory offence, insofar as recourse was open to a court which also has jurisdiction in criminal matters in respect of that decision or
4. a court in the requesting Member State which also has jurisdiction in criminal matters in respect of a decision in accordance with no. 3.

(3) ʻFinancial penaltyʼ within the meaning of subsection (2) means the obligation to pay
1. a sum of money for a criminal or regulatory offence,
2. the costs of proceedings imposed in addition to a sanction as referred to in no. 1,
3. compensation imposed in addition to a sanction as referred to in no. 1 for the benefit of the victim if the victim was not permitted to assert any civil-law claims in the proceedings in the requesting Member State and a court was acting in the exercise of its jurisdiction in criminal matters or
4. a sum of money to a public fund or to a victim support organisation imposed in addition to a sanction as referred to in no. 1.

Orders for confiscation and orders of a civil-law nature arising out of claims for compensation and actions for restitution of the status quo ante and which are enforceable in accordance with Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1) are not financial penalties.


Section 87a Enforcement documentation

Enforcement of a financial penalty is only permissible if the following documentation has been submitted:
1. the original of the decision to be enforced or a certified copy thereof,
2. the original of the certificate corresponding to the form in the Annex to the Framework Decision on Financial Penalties which has been completed and signed by the competent authority in the requesting state.