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Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation article 21 CELEX: 32024L1260 Interlocutory sales
1. Member States shall ensure that property that is the object of a freezing order can be transferred or sold before a final confiscation order in one or more of the following circumstances: (a) the property subject to freezing is perishable or rapidly depreciating; (b) the storage or maintenance costs of the property are disproportionate to its market value; (c) the management of the property requires special conditions and expertise which is not readily available. 2. Member States shall ensure that the interests of the affected person are taken into account when issuing an order for an interlocutory sale, including whether the property to be sold is easily replaceable. With the exception of cases where the affected person has absconded or cannot be located, Member States shall ensure that the affected person is notified and, except in cases of urgency, given the opportunity to be heard before the sale. The affected person shall be given the possibility to request the sale of the property. 3. Earnings from interlocutory sales shall be secured until a judicial decision on confiscation is reached. |