pur­su­ant to § 371 HGB right of satis­fac­tion

§ Sec­tion 371 HGB
(1) The cre­di­tor is aut­ho­ri­zed by vir­tue of the right of reten­ti­on to satis­fy his cla­im from the retai­ned object. If a third par­ty has a right to the object against which the right of reten­ti­on can be asser­ted pur­su­ant to sec­tion 369 (2), the cre­di­tor shall have prio­ri­ty with regard to satis­fac­tion from the object.
(2) Satis­fac­tion shall be effec­ted in accordance with the pro­vi­si­ons of the Ger­man Civil Code appli­ca­ble to the pledge of rights. The peri­od of one month spe­ci­fied in sec­tion 1234 of the Civil Code shall be repla­ced by a peri­od of one week.
(3) If satis­fac­tion does not take place by way of com­pul­so­ry enforce­ment, it shall be admis­si­ble only after the cre­di­tor has obtai­ned an enforceable title for his right to satis­fac­tion against the owner or, if the object belongs to him, against the deb­tor; in the lat­ter case, the pro­vi­si­ons of the Civil Code rela­ting to the owner on satis­fac­tion shall app­ly muta­tis mut­an­dis to the deb­tor. In the absence of an enforceable title, the sale of the object is not lawful.
(4) The action for per­mis­si­on to satis­fy the cla­im may be brought befo­re the court in who­se dis­trict the cre­di­tor has his gene­ral place of juris­dic­tion or the place of juris­dic­tion of his place of busi­ness.

Accor­ding to § 397 HGB, the com­mis­si­on agent has a sta­tu­to­ry pledge of rights from the goods on com­mis­si­on, inclu­ding the cos­ts, advan­ces and com­mis­si­ons used on the goods. The pre­re­qui­si­te for this is that he is in pos­ses­si­on of the goods, in par­ti­cu­lar that he can dis­po­se of them by means of bills of lading, con­sign­ment bills or warehouse receipts (see Marx/Arens Der Auk­tio­na­tor, 2004, p. 274).