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Temporary suspension of compulsory enforcement (bailiff), intermediation and bankruptcy administrator procedures

Temporary suspension of compulsory enforcement

The Albanian Council of Ministers has approved on 2 April 2020 the Normative Act no.13, on “Adoption of Special Measures in the area of judicial bailiff, intermediation and bankruptcy administration procedures, throughout the duration of the epidemic situation caused by COVID-19”. The Normative Act is published in the Official Gazette no.57, dated 2 April 2020, and is effective as of the same date.

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Special measures and impact to the judicial bailiff, intermediation and bankruptcy administration procedures

According to Article 3 of the Normative Act, the deadlines for judicial state or private bailiff, intermediation and bankruptcy administrator procedures shall be suspended starting from the Normative Act effective date (i.e. 2 April 2020) until the end of the epidemic status caused by COVID-19.

Exemptions

Notwithstanding the above provisions, the Normative Act shall not apply to the following matters: 

  • Enforcement of executive titles arising from family cases listed in the paragraph (a), clause 2 of article 3 of the Normative Act. 
  • Enforcement of executive titles having as subject matter protection orders and immediate protection orders. 
  • Enforcement of executive titles having as subject matter administrative and civil cases for which the court has ruled for a security measure or temporary enforcement in those cases when due to the delay of the enforcement or execution of procedural actions the enforcement of executive title becomes impossible after the termination of the epidemic status. 
  • Avoidance of damages to bankruptcy estate, if it is necessary. 
  • For intermediation on resolving criminal disputes, when during the investigation it is deemed necessary for the protection for minor’s interests.

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KPMG team remains at your disposal for any inquiries you may have or assistance needed in the current situation.

© 2020 KPMG Albania Shpk, an Albanian limited liability company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

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