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Book 1 · General part  ›  Title 2 · Suspension, suspension of expiry and recommencement of the limitation period › Section 204

Suspension of limitation as a result of prosecution of rights

(1) The limitation period is suspended by:

1.  the bringing of an action for performance or for establishment of the existence of a claim, for the granting of a clause of execution or for the issuance of a judgment for enforcement,

1a.  the bringing of a model action for a declaratory judgment regarding a claim that an obligee effectively has applied to have entered in the complaint register maintained with regard to the action, where the claim registered is based on the same circumstances as the establishment objectives of the model action for a declaratory judgment,

2.  the service of an application in the simplified procedure for the maintenance of minors,

3.  the service of a payment order in summary proceedings for a payment order or of the European order for payment in the European order for payment procedure in accordance with Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ EU L 399 p. 1),

4.  arranging for notice to be given of an application, by which the claim is being asserted, to a

a)  governmental dispute resolution body or state-recognised dispute resolution body, or

b)  some other dispute resolution body in cases in which the proceedings are being pursued by mutual agreement with the respondent;

the limitation period is suspended already upon the application being received by the dispute resolution body if notice of the application will be given shortly,

5.  the assertion of a set-off of a claim in a legal action,

6.  the service of a third-party notice,

6a.  the service of an application for registration for a model case proceedings of claims designated therein, insofar as they are based on the same circumstances as the establishment objectives of the model case proceedings, and if the action for performance or for the establishment of the existence of the claims designated in the registration is lodged within three months of the final termination of the model case proceedings,

7.  the service of an application for evidence to be taken in proceedings for the conservation of evidence,

8.  the beginning of agreed expert opinion proceedings,

9.  the service of an application for an attachment order, an injunction or an interim order, or, if the application is not served, the filing of the application if the order for attachment, the injunction or the interim order is served on the obligor within one month of its being pronounced or of its service on the obligee,

10.  the filing of a claim in insolvency proceedings or in proceedings for the distribution of assets under maritime law,

10a.  the ordering of a ban on enforcement in accordance with the Act on the Stabilisation and Restructuring Framework for Enterprises (Unternehmensstabilisierungs- und –restrukturierungsgesetz), by which ban the creditor is prevented from initiating compulsory enforcement for a claim,

11.  the beginning of arbitration proceedings,

12.  the filing of an application with a public authority, if the admissibility of the action depends on the prior decision taken by that public authority and the action is brought within three months after the application has been disposed of; this applies accordingly to applications required to be brought before a court or a dispute resolution body referred to in no. 4, the admissibility of which depends on the prior decision by a public authority,

13.  the filing of an application with the higher court, if the higher court is to decide which court has jurisdiction over the claim and the action is brought, or the application is filed for which a decision on jurisdiction is to be handed down, within three months after the application has been disposed of, and

14.  arranging for notice to be given of the first application for the grant of assistance with court costs or legal aid; if notice is arranged shortly after the filing of the application, the suspension of the limitation period takes effect immediately when the application is filed.

(2) Suspension under subsection (1) ends six months after the final and binding decision in the proceedings that have been commenced, or after the proceedings end in some other way. The suspension provided for in subsection (1) no. 1a also ends six months after retraction of the application for entry in the complaint register. If the proceedings come to a standstill because the parties do not pursue them, the date of the last act in the proceedings by the parties, the court or other body responsible for the proceedings takes the place of the date when the proceedings end. Suspension commences again if one of the parties continues to pursue the proceedings.

(3) Sections 206, 210 and 211 apply accordingly to the period governed by subsection (1), nos. 6a, 9, 12 and 13.

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