�European Account Preservation Order Regulation

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European Commission

DG Justice�Unit A1 – Civil Justice

European Account Preservation Order

• Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters �
• - Entered into application on 18 January 2017

�Main features of the EAPO Regulation (I)�

• - Establishes new European procedure for preserving bank accounts
• - EAPO procedure allows freezing bank accounts in several Member States by a single order issued by the court
• - EAPO procedure is an alternative to national procedures
• - EAPO is protective measure available to the creditor wishing to secure the subsequent enforcement of a judgment against the debtor

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Main features of the EAPO Regulation (II). Scope

• Territorial scope: does not apply in UK and DK. UK or Danish creditors cannot use EAPO procedure.

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• Applies only in cross border cases: where bank account(s) to be preserved are maintained in a) a MS other than that of the court seised with application for the order or b) the MS in which the creditor is domiciled (Article 3).
• Only EU domiciled creditors; only accounts maintained in the EU

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• Material scope: applies to secure pecuniary claims in civil and commercial matters. Exclusions: succession, bankruptcy, arbitration, etc

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Procedure - obtaining the EAPO (I)

• -condition for issue: a risk that without the EAPO the subsequent enforcement of the claim against the debtor will be impeded …; Article 7

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• -jurisdiction to issue the EAPO: when no title yet-in the courts of the MS where jurisdiction on substance lies; when there is title already-courts of the MS where the judgment was granted;Article 6

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• -ex parte procedure (debtor is not informed).

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Procedure - obtaining the EAPO (II)

• -application by the creditor using the application form (Article 8);
• -provision of security by the creditor in certain cases (Article 12);
• -access to information about debtor's bank accounts in certain cases (Article 14);
• -obligation for the creditor to initiate proceedings on the substance of the matter (if no title yet) (Article 10);
• -the EAPO is issued in a standard prescribed form (Article 19);

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Enforcement

• -EAPO is enforceable in the other Member States without the need for a declaration of enforceability;

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• -transmission of the EAPO to the bank which has to implement it (preserve the amount); bank has to issue declaration on preservation of funds (Art. 25);

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• -thereafter: service on the debtor (the order, the bank declaration, etc) (Art. 28).

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Remedies

• Remedies of the debtor against the order or its enforcement (Art. 33 and 34), available to the debtor, respectively, in:
• - the state of the court that issued the order or
• - the enforcement state against the enforcement in that State

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• Right to appeal by either party against the decision above (Article 38)

Other provisions protecting the debtor�

• exempted amounts from seizure under national law;
• creditor's duty to release over preserved amounts;
• creditor's liability;
• debtor's right to provide security in lieu of preservation,
• etc

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Notification obligations for the Member States

• List in Article 50:

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• Authority competent to obtain account information, courts for appeal, national rules applicable for exempted amounts, fees charged by banks, competent courts or authorities for remedies, etc.
• Published on e-Justice Portal

�Conclusions�

Advantages of the Regulation:

• -Allowing creditors to use an efficient and uniform procedure under the same conditions in all MS;
• -Allowing to obtain information about the whereabouts of the debtor's account;
• -Reducing lawyer’s fees and translation costs (via use of the forms, e.g. application form, form for appeal);
• -Speeding-up the granting and enforcement of preservation orders – deadlines provided in the Regulation.

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Commission Implementing Regulation No 2016/1823

• Establishes 9 forms for the EAPO procedure:

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• - Form for application for the EAPO;
• - EAPO form;
• - Declaration concerning the preservation of funds;
• - Form to apply for a remedy;
• Etc.