Finding the vehicle, enforcing a return order in other EU countries, embezzlement and police searches, and the risk of a good-faith purchase.
Not every truck is sitting at the lessee's depot after termination. Some vehicles are on a job abroad, some have been sub-let, and some have simply disappeared. For leasing companies and banks, that raises three questions. How do we find the vehicle? How do we enforce the claim for return abroad? And when is it a matter for the police? This guide gives an overview based on German and EU law.
The starting point is the last known location. These sources typically help:
Document every enquiry and every answer. If the lessee conceals the location, that matters later, under both civil and criminal law.
Within the EU, Regulation (EU) No 1215/2012 (Brussels Ia) makes enforcement considerably easier:
Enforcement itself follows the law, and uses the enforcement authorities, of the country where the vehicle is located (Art. 41). In practice that requires a local contact who knows the procedure and the competent bodies.
Outside the EU, the regulation does not apply. Whether and how a German judgment is recognised then depends on the country concerned and on any agreements in place. Bringing a separate action there is often quicker.
If the lessee simply keeps the vehicle after termination, that is initially a civil dispute. Embezzlement under section 246 of the German Criminal Code (Strafgesetzbuch, StGB) requires someone to unlawfully appropriate another person's property. If the item was entrusted to them, as a leased vehicle is, the penalty is up to five years' imprisonment.
Merely failing to return the vehicle is not enough, however. The Bavarian Supreme Regional Court (Bayerisches Oberstes Landesgericht) made that clear in the case of a rental car left in Belgrade (order of 09.10.2025, case no. 206 StRR 326/25). Further circumstances must show an intention to appropriate. The court lists:
If such circumstances exist, a criminal complaint is the route to a search. After the complaint, the police can enter the vehicle in the stolen property search system. Within the Schengen area, Regulation (EU) 2018/1862 provides for alerts in the Schengen Information System (Art. 38). They cover "motor vehicles regardless of the propulsion system", trailers with an unladen weight exceeding 750 kg, and vehicle registration certificates and number plates that have been stolen, misappropriated or invalidated. If the vehicle is found in a Schengen country, the local authority seizes it under national law.
If a leased vehicle is resold, the lessor can lose its ownership. Under section 935 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), acquisition in good faith is excluded only if the item was stolen, lost or otherwise went missing (abhandengekommen). If the lessee received the vehicle voluntarily and then sold it, it did not go missing in that sense.
The most important safeguard is therefore the registration certificate part II (Zulassungsbescheinigung Teil II). Keep it. A buyer who does not receive it will find it hard to claim good faith. But even a forged certificate can be enough: the Stuttgart Regional Court did not consider a buyer grossly negligent because he could not have recognised the forgery (judgment of 18.01.2019, case no. 23 O 166/18). So act quickly as soon as a sale is on the cards.
If the vehicle is abroad, bringing it back is not automatically the best option. Transfer, low-loader, storage costs and time all come off the proceeds. So check whether selling it from its current location makes more economic sense. Many used commercial vehicles from Germany find buyers abroad in any case.
truckoo repossesses vehicles not only in Germany and markets them to 1,500+ vetted dealers and exporters from 35+ countries, in a blind auction with sealed bids. Talk to us about vehicles abroad too: repossession and remarketing.
Yes. Under the Brussels Ia Regulation, it is recognised without any special procedure and is enforceable without a declaration of enforceability (Art. 36, 39). You need a copy of the judgment and the certificate under Art. 53.
Not on that basis alone. According to the Bavarian Supreme Regional Court (case no. 206 StRR 326/25), further circumstances are needed, such as a resale, concealing the location or denying possession.
Yes, after a criminal complaint. Regulation (EU) 2018/1862 covers motor vehicles, trailers over 750 kg unladen weight, and registration certificates and number plates.
That is possible, because a vehicle sold by the lessee has generally not gone missing within the meaning of section 935 BGB. The best safeguard is to keep the registration certificate part II.
This guide provides an overview and is not a substitute for legal advice on an individual case.
Repossession and remarketing · Repossession: process and costs · Remarketing after termination · Storing repossessed trucks
Gabriel Böhm is Managing Director of truckoo GmbH, the digital platform that is redefining commercial vehicle trade in Europe. With a passion for innovation and efficiency, he shapes the strategic direction and drives operational excellence to connect sellers and buyers smarter, faster and more transparently.
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