BWBV0005381
Geldig vanaf 01-07-1963
Artikel 62
Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten
1. Where requisitioning procedures (Anforderungsverfahren) are carried out on behalf of a force or a civilian component under German procurement legislation, the following provisions shall apply:
(a) The proceeding shall be instituted by the German authorities to be determined in consultation with the authorities of the force or of the civilian component.
(b) In accordance with administrative agreements, the competent German authorities shall undertake the exercise of the rights and the fulfilment of the obligations arising out of the position of the force or the civilian component as recipients of goods, services and facilities (Leistungsempfänger). However, the force or the civilian component shall itself fulfil such obligations as by their nature cannot be fulfilled by the German authorities. The German authorities representing the interests of the force or of the civilian component in matters concerning the amount of compensation payable shall consent to proposals in that regard made by the person liable to supply goods, services and facilities (Leistungspflichtiger) or by the assessment authority only after consultation with the authorities of the force or of the civilian component; similarly, they shall themselves make proposals regarding the amount of compensation payable only after such consultation. The provisions of Article 63 of the present Agreement shall remain unaffected.
(c) Lawsuits on behalf of, or against, the force or the civilian component arising out of their position as recipients of goods, services and facilities shall be instituted or defended by the Federal Republic in its own name.
2. The provisions of paragraph 1 of this Article shall not apply in respect of the Restricted Areas Law and the Land Procurement Law.
(a) The proceeding shall be instituted by the German authorities to be determined in consultation with the authorities of the force or of the civilian component.
(b) In accordance with administrative agreements, the competent German authorities shall undertake the exercise of the rights and the fulfilment of the obligations arising out of the position of the force or the civilian component as recipients of goods, services and facilities (Leistungsempfänger). However, the force or the civilian component shall itself fulfil such obligations as by their nature cannot be fulfilled by the German authorities. The German authorities representing the interests of the force or of the civilian component in matters concerning the amount of compensation payable shall consent to proposals in that regard made by the person liable to supply goods, services and facilities (Leistungspflichtiger) or by the assessment authority only after consultation with the authorities of the force or of the civilian component; similarly, they shall themselves make proposals regarding the amount of compensation payable only after such consultation. The provisions of Article 63 of the present Agreement shall remain unaffected.
(c) Lawsuits on behalf of, or against, the force or the civilian component arising out of their position as recipients of goods, services and facilities shall be instituted or defended by the Federal Republic in its own name.
2. The provisions of paragraph 1 of this Article shall not apply in respect of the Restricted Areas Law and the Land Procurement Law.
- Citeren als
- Art. 62
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005381
- Officiële bron
- wetten.overheid.nl