Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Creating a European Account Preservation Order to facilitate cross-border debt recovery in civil and commercial matters
Date: 2011-07-25
Institutions: European Commission
Subjects: bank deposit, cross-border cooperation, debt, enforcement of ruling, judicial cooperation

EUROPEAN COMMISSION 

Brussels, 25.7.2011 
COM(2011) 445 final 

2011/0204 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Creating a European Account Preservation Order to facilitate cross-border debt 
recovery in civil and commercial matters 

{SEC(2011) 937 final} 
{SEC(2011) 938 final} 

 
 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1 

General context 

The  2009  Stockholm  Programme  to  deliver  justice,  freedom  and  security  to  citizens1 
emphasizes that the European judicial area should serve to support economic activity in the 
Single  Market  and  invites  the  Commission  to  bring  forward  appropriate  proposals  for  i.a. 
improving the efficiency of enforcement of judgments in the EU regarding bank accounts and 
debtor's  assets.  The  Commission  Action  Plan  implementing  the  Stockholm  Programme2 
confirms this political mandate by providing for a Regulation on improving the efficiency of 
the enforcement of judgments in the European Union: the attachment of bank accounts.  

The  Commission  already  noted  the  difficulties  of  cross-border  debt  recovery  in  a  1998 
Communication  "Towards  Greater  Efficiency  in  Obtaining  and  Enforcing  Judgments  in  the 
European  Union"3,  and  emphased  the  need  to  improve  the  enforcement  of  decisions  and  to 
establish protective measures against debtor's assets at EU level. This approach was endorsed 
by the Council in its 2000 Programme on Mutual Recognition4. Although much progress has 
been made towards the creation of a genuine European Area of Civil Justice since then, these 
issues have not yet been addressed by the European legislator. Existing instruments in the area 
of  civil  justice,  e.g.  Regulation  (EC)  No  44/2001  of  the  Council  of  22  December  2000  on 
jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial 
matters  (hereinafter  "Regulation  Brussels  I")5  solely  ensure  that  a  judgment  given  in  one 
Member State is recognised and enforceable in another Member State but they do not contain 
any provision on how a judgment is actually enforced. To date, the procedural modalities of 
enforcement  of  a  judgment  or  other  enforceable  title  are  exclusively  governed  by  national 
law. This approach does not change with the proposed revision of Regulation Brussels I6.  

The  need  for  improving  cross-border  debt  recovery  was  most  recently  emphasized  by  the 
European  Parliament  which  adopted  in  May  2011  an  own-initiative  report  calling  on  the 
Commission to put forward a proposal on interim measures for the freezing and disclosure of 
debtor's assets in cross-border cases7. 

1.2 

Grounds and objectives of the proposal 

At  present,  a  creditor  seeking  to  recover  his  debt  in  another  Member  State  faces  significant 
difficulties.  In  particular,  it  is  more  cumbersome,  lengthy  and  costly  for  him  to  obtain 
provisional  measures  to  preserve  assets  of  his  debtor  located  abroad.  This  is  a  problem 
because quick and easy access to such provisional measures is often crucial to ensure that the 
debtor  has  not  removed  or  dissipated  his  assets  by  the  time  the  creditor  has  obtained  and 

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Adopted at the meeting of the European Council of 10 and 11 December 2009.  
COM(2010) 171, 20.4.2010. 
OJ C 33, 31.1.1998, p. 3.  
OJ C 12, 15.1.2001, p. 1. 
OJ L 12, 16.1.2001, p. 1.  
Proposal for a Regulation on jurisdiction and the recognition and enforcement of judgments in civil and 
commercial matters (Recast) - COM(2010) 748, 14.12.2010. 
EP  plenary  of  10  May  2011.  JURI  document  2009/2169(INI)  of  16.2.2011,  Rapporteur  Arlene 
McCarthy (S-D/UK). 

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enforced a judgment on the merits. This is particularly important with regard to assets in bank 
accounts. Currently, debtors can easily escape enforcement measures by swiftly moving their 
monies from a bank account in one Member State to another. A creditor, however, has little 
chance of blocking a debtor's bank accounts abroad to secure the payment of his claim. As a 
result, many creditors are either unable to successfully recover their claims abroad or do not 
consider it worthwhile pursuing them and write them off.  

Essentially, four main shortcomings of the current situation can be identified: 

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The conditions for issuing orders preserving assets in bank accounts under national 
law vary considerably throughout the EU. This makes it more difficult for creditors 
to obtain an account preservation order (or to obtain one without the prior hearing of 
the  debtor)  in  some  Member  States  than  in  others  and  encourages  forum-shopping. 
As  European  law  currently  stands,  an  additional  problem  results  from  the  fact  that 
provisional measures issued without a prior hearing of the debtor are not recognized 
and enforced in another Member State under Regulation Brussels I according to the 
jurisprudence  of  the  Court  of  Justice  of  the  European  Union8.  This  problem  has, 
however,  already  been  addressed  by  the  Commission's  proposal  for  revising 
Regulation Brussels I. 

A second problem relates to the fact that in many Member States it is difficult, if not 
impossible, for a creditor to obtain information about the whereabouts of his debtor's 
bank  account  without  having  recourse  to  the  services  of  private  investigation 
agencies. This lack of transparency will often prevent a creditor from having access 
to this type of provisional measure.  

Thirdly,  the  costs  of  obtaining  and  enforcing  an  account  preservation  order  in  a 
cross-border  situation  are  generally  higher  than  in  domestic  cases,  which  deters 
creditors from recovering their claims abroad with the help of the judicial system.  

Finally,  the  divergences  in  and  length  of  national  enforcement  systems  constitute  a 
serious problem for creditors seeking to enforce a judicial decision. This jeopardizes 
the effectiveness of provisional measures like account preservation orders which by 
definition depends on a swift implementation.  

A  detailed  analysis  of  the  problems  of  the  current  system  as  well  as  the  impacts  of  the 
different  options  considered  for  addressing  them  can  be  found  in  the  Impact  Assessment 
accompanying this proposal.  

The  overall  objectives  of  this  proposal  are  to  contribute  to  the  development  of  the  EU's 
internal market as outlined in the Europe 2020 Strategy for Growth9 and to the creation of a 
genuine European area of civil justice in the area of enforcement. The general objectives of 
this proposal are to facilitate the recovery of cross-border claims for citizens and businesses, 
in  particular  SMEs  and  improve  the  efficiency  of  enforcement  of  judgments  in  civil  and 
commercial matters concerning cross-border disputes, thereby reducing the risks involved in 

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Case 125/79 Denilauler of 21 May 1980. 
At  the  European  Council  meeting  on  26  March  2010,  European  Union  leaders  set  out  their  plan  for 
"Europe  2020",  a  strategy  to  enhance  the  competitiveness  of  the  EU  and  to  create  more  growth  and 
jobs, http://ec.europa.eu/europe2020/index_en.htm  

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cross-border trade, increasing confidence of traders, improving payment behaviour of debtors 
in cross-border situations and encouraging more cross-border business activity.  

More specifically, this proposal aims at  

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• 

• 

2. 

enabling  creditors  to  obtain  account  preservation  orders  on  the  basis  of  the  same 
conditions irrespective of the country where the competent court is located;  

Allowing  creditors  to  obtain  information  on  the  whereabouts  of  their  debtors'  bank 
accounts; and 

Reducing  costs  and  delays  for  creditors  seeking  to  obtain  and  enforce  an  account 
preservation order in cross-border situations.  

RESULTS  OF  CONSULTATIONS  WITH  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENT 

This  proposal  was  preceded  by  an  extensive  consultation  of  the  interested  public,  Member 
States, other institutions  and experts on  the existing problems of the  current system and  the 
possible  solutions  to  it.  On  24  October  2006,  the  Commission  adopted  a  Green  Paper  on 
improving the efficiency of the enforcement of judgments in the EU: the attachment of bank 
accounts10 which suggested to create a European provisional measure for the preservation of 
bank  accounts  and  on  which  a  total  of  68  responses  were  received.  In  elaborating  these 
suggestions,  the  Commission  took  into  account  the  results  of  a  comparative  legal  study 
submitted  by  Prof  Burkhard  Hess  of  the  University  of  Heidelberg  in  February  2004  (and 
covering the then 15 Member States)11. Empirical data on the impact of the different options 
for this proposal was collected by a further external study finalised in January 201112 as well 
as a survey of European companies launched via the European Business Test Panel (EBTP) 
the  results  of  which  were  published  in  August  201013.  A  public  hearing  took  place  in  June 
2010.  In  order  to  assist  the  Commission  in  elaborating  this  proposal,  a  group  of  private 
experts was set up which met four times between February and April 2011. Member States' 
experts were consulted on a preliminary draft proposal at a meeting in March 2011. 

It results from the consultation process that there is large support from both stakeholders and 
Member States for the creation of a self-standing European procedure for the preservation of 
bank accounts. The few stakeholders contesting the need for the initiative generally argue that 
their  own  national  procedures  work  well.  However,  others  acknowledge  that  while  a  new 
European procedure might not be needed to improve procedures in their own Member State, it 
would  have  added  value  for  ‘out-going’  applications  that  are  dealt  with  in  other  countries, 
some of which are seen as having very inefficient procedures for account preservation orders. 
Turning to the key features of the envisaged proposal, a large majority of stakeholders and the 
European Parliament support that the envisaged European order for the preservation of bank 

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COM(2006) 618. 
"Improving the enforcement of judicial decisions in the European Union: transparency of the debtor's 
assets,  attachment  of  bank  accounts;  provisional  enforcement  and  protective  measures", 
http://ec.europa.eu/civiljustice/publications/docs/enforcement_judicial_decisions_180204_en.pdf 
"Study for an Impact Assessment on a draft legislative proposal on the attachment of bank accounts", 
CSES London, forthcoming. 
Commercial disputes and cross-border debt recovery, available at 
http://ec.europa.eu/yourvoice/ebtp/consultations/2010/cross-border-debt-recovery/index_en.htm  

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accounts  should  be  of  a  provisional  nature  only.  There  is  also  overwhelming  support  for 
allowing the order to be issued without a prior hearing of the debtor in order to preserve its 
"surprise  effect".  The  most  controversial  aspects  of  the  initiative  relate  to  issues  of  debtor 
protection,  notably  which  court  should  have  jurisdiction  for  contesting  the  order,  and  the 
modalities of enforcing the order cross-border.  

The Commission analysed the costs and benefits of the main aspects of the proposed reform 
in its Impact Assessment which accompanies this proposal.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The proposed  Regulation  will  establish a new and self-standing  European procedure for the 
preservation  of  bank  accounts  which  will  enable  a  creditor  to  prevent  the  transfer  or 
withdrawal  of  his  debtor's  assets  in  any  bank  account  located  in  the  European  Union.  The 
European  procedure  will  be  available  to  citizens  and  companies  as  an  alternative  to 
procedures existing under national law. The proposed Regulation will regulate the procedure 
for issuing the European account preservation order as well as its implementation by the bank 
holding  the  account  targeted.  The  European  account  preservation  order  would  be  of  a 
protective nature only, i.e. it would only block the debtor's account but not allow money to be 
paid  out  to  the  creditor.  In  line  with  the  legal  traditions  of  the  large  majority  of  Member 
States, the European order will have an in rem effect, i.e. be directed against specific accounts 
and not at the debtor personally. 

The main features of the proposal can be summarised as follows: 

3.1.1. 

Scope (Articles 2, 3) 

The  proposed  Regulation  applies  to  civil  and  commercial  matters.  The  exclusions  from  the 
scope  largely  correspond  to  those  of  Regulation  Brussels  I.  As  in  Regulation  Brussels  I, 
insolvency  and  social  security  are  excluded  from  the  scope.  Arbitration  is  equally  excluded 
from  the  scope.  Even  though  there  might  be  a  case  for  allowing  parties  to  an  arbitration  to 
have  recourse  to  the  European  procedure,  the  inclusion  of  arbitration  would  entail  complex 
questions  which  have  not  yet  been  addressed  by  EU  law,  e.g.  under  which  circumstances 
arbitral awards can be put on an equal footing with judgments and it did not seem appropriate 
to address them for the first time in this instrument.  

In  contrast  to  Regulation  Brussels  I,  the  proposed  Regulation  will  apply  to  matters  of 
matrimonial  property  regimes,  of  the  consequences  of  registered  partnerships  and  of 
successions as soon as the legal instruments proposed by the Commission in these two areas 
have been adopted and entered into application.  

The  instrument  is  limited  to  situations  having  cross-border  implications.  The  approach  to 
define  these  situations  in  a  "negative"  way  has  been  inspired  by  Article  1  of  the  Hague 
Convention on Choice of Court Agreements.  

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3.1.2.  Conditions and procedure of issue 

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Availability (Article 5) 

The  proposal  envisages  that  the  European  procedure  is  available  in  two  different  types  of 
cases: before and after obtaining a title enforceable in the Member State where the account is 
located. In practical terms, this means that a creditor could apply for the order (1) prior to or 
during  judicial  proceedings  on  the  merits  or  after  having  obtained  in  the  Member  State  of 
origin an enforceable title which is not yet enforceable in the Member State of enforcement 
and  (2)  after  obtaining  a  title  enforceable  in  the  Member  State  of  enforcement.  While  the 
Commission expects the instrument to be most relevant in the first constellation, it can have 
an added value in the second constellation by maximising the effectiveness of  enforcement. 
Given that in this constellation, the creditor already has an enforceable title, the conditions of 
issue are less stringent than in the first constellation.  

• 

Jurisdiction for issuing the order (Articles 6, 14) 

As  a  general  rule,  the  courts  of  the  Member  State  having  jurisdiction  on  the  substance  as 
determined  by  European  instruments  or  national  law  are  competent  for  issuing  a  European 
account preservation order. Alternatively, the order can be issued by the courts of the Member 
State where the account is located. In this case, however, in order to avoid forum-shopping, 
the  effect  of  the  order  is  limited  to  the  Member  State  where  it  was  issued  and  it  is  not 
recognised  and  enforced  in  other  Member  States  under  the  proposed  Regulation.  In  cases 
where  the  creditor  has  already  obtained  an  enforceable  title,  he  can  obtain  the  European 
Account Preservation Order either from the court having issued the enforceable title or from 
the enforcement authority of the Member State where the bank account is located.  

The  rules  on  jurisdiction  of  this  Regulation  do  not  prevent  a  claimant  to  seek  protective 
measures under national law on the basis of Article 31 of Regulation Brussels I.  

• 

Conditions of issue (Articles 7, 12) 

In line with the general approach taken in the large majority of Member States the proposed 
Regulation requires the creditor to show that he has a good prospect of winning his case on 
the substance, i.e. that his claim is prima facie well-founded, and that there is the risk that the 
enforcement  of  a  subsequent  judgment  would  be  frustrated  if  the  measure  is  not  granted 
because the debtor risks to remove or dissipate his assets. In addition, the court may request 
the creditor to provide security to ensure compensation for any damage suffered by the debtor 
if the order was subsequently set aside as unjustifiable, e.g. because the creditor had no valid 
claim on the substance.  

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Aspects of the procedure (Articles 10, 11, 44) 

The European account preservation order will be issued in an ex parte procedure, i.e. without 
the  prior  hearing  of  the  debtor.  This  will  allow  the  "surprise  effect"  of  the  measure  to  be 
preserved. In situations where the "surprise effect" is not necessary, e.g. because the account 
is currently pledged to another creditor, the claimant can, however, request that the procedure 
be inter partes. Since speed is of crucial importance in proceedings for provisional measures, 
the Regulation only allows the taking of oral evidence in exceptional circumstances. Courts 
are entitled to accept written statements of witnesses or experts as evidence. The Regulation 
also establishes specific time-limits for issuing and implementing the European order. Where 

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the  court  or  enforcement  authority  is  in  exceptional  circumstances  not  able  to  comply  with 
these time limits it has to justify why an additional delay is needed.  

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Obtaining information on the debtor's account(s) (Article 17) 

Given  the  difficulties  the  creditor  may  have  to  obtain  information  about  his  debtor's 
account(s)  the  proposed  Regulation  obliges  Member  States  to  provide  for  a  mechanism 
facilitating that task. The Regulation leaves Member States the choice between two different 
mechanisms: Member States can provide for an order of disclosure obliging all banks in their 
territory  to  disclose  whether  the  debtor  has  an  account  with  them.  Alternatively,  they  can 
grant their enforcement authorities access to information held by public authorities in registers 
or otherwise. The latter mechanism also figures in Article 61 of the Maintenance Regulation. 
Considerations of data protection require that the personal information exchanged under this 
provision is limited to the information necessary for enforcing and implementing the order.  

3.1.3.  Enforceability and enforcement of the order 

• 

Abolition of exequatur (Article 23) 

In  line  with  existing  European  procedures14,  account  preservation  orders  issued  under  the 
proposed  procedure  in  one  Member  State  will  be  automatically  recognised  and  enforced  in 
another Member State without any special procedure being required.  

• 

Service of the order on the bank and the defendant (Articles 24, 25) 

The provisions on the actual enforcement of the European order to be issued under the new 
procedure  constitute  the  main  novelty  of  the  proposed  Regulation.  An  account  preservation 
order with in rem effect is enforced by serving it on the bank or banks holding the accounts 
targeted which are under an obligation to implement the order. The provisions for service on 
the bank of the proposed Regulation distinguish between two situations. If the court is situated 
in the same Member State as the bank, service is governed by national law. If service has to 
be  effected  across  borders,  this  has  to  be  done  in  accordance  with  Regulation  (EC)  No 
1393/2007 with an important modification as to the method of service: The documents to be 
served  are  transmitted  from  the  court  of  origin  or  the  claimant  directly  to  the  competent 
authority in the Member State of enforcement which in turn serves them on the bank or the 
defendant.  In  comparison  to  other  methods  of  service  or  a  free  choice  between  different 
methods,  this  method  of  service  has  the  important  advantage  of  involving  the  competent 
authorities of the Member State of enforcement. This will not only ensure that the banks will 
receive the order through channels with which they are familiar but also allow the competent 
authority to take into account ex officio amounts exempt from execution where that is possible 
under national law.  

The debtor has to be notified immediately after the measure took effect in order to be able to 
prepare  his  defence.  The  proposed  Regulation  ensures  that  service  is  effected  as  quickly  as 
possible after the order has been implemented.  

14 

The European Small Claims Procedure established by Regulation (EC) No 861/2007 and the European 
Order for Payment procedure established by Regulation (EC) No 1896/2006. 

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• 

Implementation by the bank and bank's declaration (Articles 26, 27) 

The  bank  is  obliged  to  implement  the  order  immediately  by  blocking  an  amount 
corresponding to the amount of the order. Special provisions take into account the situation of 
accounts  containing  financial  instruments  and  accounts  in  a  different  currency  than  that  in 
which the order is issued. Within 8 days, the bank has to issue a declaration on whether the 
order has preserved sufficient funds. In order to ensure an adequate protection of the debtor's 
personal information, the account balance may not be communicated if it allows for the full 
satisfaction of the order.  

• 

Preservation of several, joint and nominee accounts (Articles 28, 29) 

Where  the  preservation  of  several  accounts  is  ordered,  the  proposed  Regulation  limits  the 
possibility of an over-seizure  by  the  creditor by  obliging the creditor  to  release any amount 
exceeding his claim as soon as he is informed about it. Given the wide divergence of national 
law on the conditions under which joint and nominee  (trust) accounts  can be  preserved, the 
proposed Regulation leaves this question to the applicable national law.  

• 

Amounts exempt from enforcement (Article 32) 

When  it  comes  to  the  amounts  exempt  from  enforcement  for  ensuring  the  livelihood  of  the 
debtor and his family or for allowing a company to continue its ordinary course of business 
national law varies considerably within the EU. This concerns notably the question whether 
amounts are exempt ex officio or only upon request of the debtor. The proposed Regulation 
allows Member States to maintain their national system.  

• 

Ranking of competing creditors (Article 33) 

National  law  also  differs  widely  in  the  EU  when  it  comes  to  the  effects  of  a  provisional 
measure  on  the  ranking  of  creditors.  This  question  is  very  complex  and  intrinsically  linked 
with  national  enforcement  and  insolvency  law.  In  view  of  these  differences,  the  proposed 
Regulation  provides  that  the  European  order  has  the  rank  given  to  an  equivalent  measure 
under national law.  

3.1.4.  Remedies against the European Account Preservation Order (Articles 34, 35, 36) 

The proposed Regulation gives the debtor the right to contest the preservation order both on 
substantive  and  on  procedural  grounds.  As  to  the  question  which  courts  should  have 
jurisdiction  to  decide  on  the  debtor's  application  for  a  review,  the  proposed  Regulation 
follows the approach taken in the revision of Regulation Brussels I. In principle, the defendant 
has  to  raise  his  objections  against  the  order  before  the  court  having  issued  it  (the  court  of 
origin). This approach ensures that it is in principle the same court that decides on the order 
and its review. By way of exception, objections relating to certain aspects of the enforcement 
procedure,  in  particular  the  amounts  exempt  from  execution,  have  to  be  raised  before  the 
courts of the Member State of enforcement because it is that Member State which is in charge 
of the procedure. In order to facilitate the task of the debtor to apply for a review of the order 
before the courts of another Member State, the Regulation provides for standard forms which 
will be available in all Union languages, thereby reducing the costs of translation. A different 
jurisdiction rule applies to certain categories of debtors which are generally considered to be 
the "weaker party" in a dispute – consumers, employees and insured persons. These types of 
debtors  are  able  to  raise  any  objections  against  the  order  before  the  courts  in  their  Member 

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State of domicile. This rule ensures that weaker parties can always contest a European order 
in  their  home  jurisdiction,  thereby  adding  a  layer  of  protection  to  the  protective  rules  on 
jurisdiction for such cases contained in Regulation Brussels I.  

3.1.5.  Other provisions 

• 

Legal representation (Article 41) 

In  line  with  the  legal  situation  in  most  Member  States  and  in  order  to  reduce  the  costs  of 
proceedings,  the  proposed  Regulation  provides  that  legal  representation  is  not  mandatory  in 
proceedings for obtaining a European account preservation order. This will allow a creditor to 
apply  for  a  European  order  without  having  recourse  to  a  lawyer  at  all  or  without  having  to 
involve  a  lawyer  licensed  to  practice  in  the  Member  State  where  the  court  is  situated. 
However,  national  law  might  require  the  parties  to  be  represented  by  lawyers  if  the  debtor 
contests the order. In order to facilitate the task of the creditor to apply for a European order, 
the proposed Regulation contains a standard application form with appropriate guidelines for 
filling it out. The form will be available in all Union languages, thereby reducing the need for 
translation to a few elements of free text.  

• 

Costs issues (Articles 30, 31, 43) 

Several provisions of the proposed Regulation deal with costs: Banks can only charge a fee 
for the implementation of a European account preservation order where they are entitled to do 
so  when  implementing  equivalent  measures  under  national  law.  In  order  to  increase 
transparency, the Member States concerned have to determine a single fixed fee applicable in 
their  territory.  A  single  fixed  fee  also  has  to  be  determined  for  the  costs  occasioned  by  the 
recourse to a competent authority, such as a bailiff. Article 43 obliges the unsuccessful party 
to bear the costs of the European procedure. While Member States remain free to levy court 
fees  for  the  European  procedure,  these  must  not  be  higher  than  those  for  obtaining  an 
equivalent measure under national law, not be disproportionate to the amount of the claim and 
not excessively high to discourage use of the procedure.  

3.2. 

Legal Basis 

This proposal is based on Article 81 (2) TFEU which entitles the European Parliament and the 
Council,  particularly  when  necessary  for  the  proper  functioning  of  the  internal  market,  to 
adopt measures aiming at ensuring i.a. the mutual recognition and enforcement of judgments 
between  Member  States  (lit  a),  effective  access  to  justice  (lit  e)  and  the  elimination  of 
obstacles  to  the  proper  functioning  of  civil  proceedings,  if  necessary  by  promoting  the 
compatibility of rules on civil procedure applicable in the Member States (lit f). 

Title V of Part Three of the Treaty on the Functioning of the European Union is not applicable 
to Denmark by reason of the Protocol on the position of Denmark annexed to the Treaties. It 
is also not applicable to the United Kingdom and Ireland, unless those two countries decide 
otherwise in accordance with the relevant rules of the Protocol on their position on respect of 
the area of Freedom, Security and Justice. 

3.3. 

Subsidiarity and Proportionality 

This proposal complies with the requirements of subsidiarity and proportionality.  

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As  to  subsidiarity,  the  problems  outlined  above  have  a  clear  cross-border  dimension  and 
cannot be adequately attained by the Member States alone. Although theoretically possible, it 
is  highly  unlikely  that  Member  States  would  undertake  a  concerted  action  to  align  their 
legislation on the preservation  of  bank accounts which would make EU action  unnecessary. 
The  issue  of  enforcement  has  never  been  the  subject  of  international  agreements  or  model 
laws put forward by international organisations and there is no indication that an international 
initiative would materialise in the foreseeable future. Moreover, even if this were the case, the 
differences  of  the  current  enforcement  systems  in  the  EU  make  it  highly  unlikely  that 
agreement  on  a  common  approach  be  reached  between  Member  States  within  a  reasonable 
time, notably given that any agreement outside the European legislative process would require 
unanimity.  

The Impact Assessment accompanying this proposal demonstrates that the benefits of the key 
elements  of  this  proposal  outweigh  their  costs  and  that  the  proposed  measures  are  therefore 
proportionate.  

3.4. 

Impact on Fundamental Rights 

As set out in detail in the Impact Assessment accompanying this proposal and in accordance 
with  the  Union's  Strategy  for  the  effective  implementation  of  the  Charter  of  Fundamental 
Rights of the European Union15, all elements of the proposal respect the rights set out in the 
Charter of Fundamental Rights. By creating a swift and low cost European procedure for the 
preservation of bank accounts, the proposal improves the right of the creditor to an effective 
enforcement of his claims which forms part of the right to an effective remedy as laid down in 
Article  47  (1)  of  the  Charter.  At  the  same  time,  the  proposal  ensures  that  the  rights  of  the 
debtor  are  safeguarded  in  full  compliance  with  the  requirements  of  the  right  to  a  fair  trial 
(Article  47  (2)  of  the  Charter)  and  the  right  to  respect  of  human  dignity  and  family  life 
(Articles 1 and 7 of the Charter respectively). Protection of the debtor's  rights is ensured in 
particular by the following elements of the proposal:  

• 

• 

• 

the requirement to notify the debtor immediately after the order is implemented with 
all documents which the creditor submitted to the court;  

the possibility of the debtor to contest the order by applying for a review to the court 
of  origin,  the  court  of  enforcement  or  -  if  the  debtor  is  a  consumer,  employee  or 
insured – to the court at his place of domicile;  

the fact that amounts necessary to ensure the livelihood of the debtor and his family 
will be exempt from execution. 

15 

Communication from the Commission - COM(2010) 573, 19.10.2010. 

EN 

10 

   EN 

 
                                                 
2011/0204 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Creating a European Account Preservation Order to facilitate cross-border debt 
recovery in civil and commercial matters 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
points (a), (e) and (f) of Article 81(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee16,  

Acting in accordance with the ordinary legislative procedure, 

After consulting the European Data Protection Supervisor, 

Whereas: 

(1) 

(2) 

The  Union  has  set  itself  the  objective  of  maintaining  and  developing  an  area  of 
freedom, security and justice, in which the free movement of persons is ensured. For 
the  gradual  establishment  of  such  an  area,  the  Union  should  adopt  amongst  other 
things,  the  measures  relating  to  judicial  cooperation  in  civil  matters  having  cross-
border  implications,  particularly  when  necessary  for  the  proper  functioning  of  the 
internal market.  

In  accordance  with  Article  81(2)  of  the  Treaty  on  the  Functioning  of  the  European 
Union  ("TFEU"),  these  measures  must  aim  at  ensuring,  inter  alia,  the  mutual 
recognition and enforcement of judgments between Member States, effective access to 
justice and the elimination of obstacles to the proper functioning of civil proceedings 
by  promoting  the  compatibility  of  the  rules  on  civil  procedure  applicable  in  the 
Member  States.  The  European  Council  meeting  in  Tampere  on  15  and  16  October 
1999 endorsed the principle of mutual recognition of judgments as the cornerstone of 
judicial  cooperation  in  civil  matters,  specifying  that  it  should  apply  to,  inter  alia, 
protective  orders  enabling  competent  authorities  to  seize  assets  which  are  easily 
movable.  

16 

OJ C , , p. . 

EN 

11 

   EN 

 
                                                 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The programme of measures for implementing the principle of mutual recognition of 
decisions  in  civil  and  commercial  matters,  common  to  the  Commission  and  the 
Council  and  adopted  on  30  November  200017,  provides  for  establishing  protective 
measures at European level as well as for improving attachment measures concerning 
banks, e.g. by establishing a European system for the attachment of bank accounts.  

The  Commission  adopted  a  Green  Paper  on  improving  the  efficiency  of  the 
enforcement of judgments in the European Union: the attachment of bank accounts on 
24  October  200618.  The  Green  Paper  launched  a  consultation  on  the  need  for  and 
possible  features  of  a  uniform  European  procedure  for  the  preservation  of  bank 
accounts. 

The  Stockholm  programme  of  December  200919,  which  sets  justice,  freedom  and 
security  priorities  for  2010  to  2014,  invited  the  Commission  to  bring  forward 
appropriate  proposals  for  improving  the  efficiency  of  enforcement  of  judgements  in 
the Union regarding bank accounts and debtors' assets.  

A  creditor  should  be  able  to  obtain  a  protective  order  preventing  the  withdrawal  or 
transfer  of  funds  held  by  his  debtor  in  bank  accounts  located  in  the  Union  if  he  is 
facing the risk of the debtor dissipating his assets and this would make the subsequent 
enforcement  of  his  judgment  on  the  substance  impossible  or  substantially  more 
difficult. 

National  procedures  for  obtaining  protective  measures  such  as  account  preservation 
orders  exist  in  all  Member  States  but  the conditions  of  issue  of  the  measure  and  the 
efficiency  of  its  implementation  vary  considerably.  Moreover,  recourse  to  national 
protective  measures  is  cumbersome,  lengthy  and  costly  in  cases  having  cross-border 
implications, in particular, when the creditor seeks to preserve several accounts located 
in different Member States. A European procedure allowing a creditor to preserve his 
debtor's bank accounts in cases having cross-border implications in a simple, speedy 
and inexpensive way should remedy the shortcomings of the existing situation.  

The procedure established by this Regulation should constitute an optional means for 
the  claimant  to  assert  his  rights  which  is  available  as  an  alternative  to  existing 
procedures for obtaining protective measures under national law.  

The scope of this Regulation should cover all civil and commercial matters apart from 
certain well-defined matters. Notably, this Regulation should not apply in the context 
of arbitration or insolvency proceedings.  

(10)  The procedure should be available to a claimant wishing to secure the enforcement of 
a later judgment on the substance prior to initiating proceedings on the substance and 
at any stage during the proceedings. It should also be available to a claimant having 
already obtained a judgement or other enforceable title on the substance. In the latter 
situation, the procedure can have added value where enforcement of the title is slow or 
where  the  creditor  wishes  to  determine  in  which  Member  State  the  debtor  has 
sufficient funds to justify launching the enforcement procedure.  

17 
18 
19 

OJ C 12, 15.1.2001, p. 1. 
COM (2006) 618. 
OJ C 115, 4.5.2010, p. 1. 

EN 

12 

   EN 

 
                                                 
(11) 

In  order  to  ensure  the  existence  of  a  close  link  between  the  court  and  the  protective 
measure,  jurisdiction  for  issuing  the  order  should  lie  with  the  courts  having 
jurisdiction on the substance of the matter. In addition, the claimant should be able to 
apply for an account preservation order at the place where the account to be targeted is 
located. In this case, however, the effect of the order should be limited to the territory 
of the Member State where it was issued. 

(12)  The conditions for issuing the account preservation order should strike an appropriate 
balance between the interests of the creditor to obtain an order when needed and the 
interests of the debtor to prevent abuse of the order. Consequently, prior to obtaining a 
judgment  enforceable  in  the  Member  State  where  the  account  is  located,  the  court 
would  have  to  be  satisfied  that  the  creditor's  claim  against  the  debtor  appears  to  be 
well  founded  and  that  without  the  order,  the  subsequent  enforcement  of  his  future 
judgment is likely to be frustrated or made substantially more difficult.  

(13) 

In  order  to  ensure  the  surprise  effect  of  the  account  preservation  order,  the  debtor 
should not be informed about the application, be heard prior to its issue or notified of 
the order prior to its implementation by the bank. The debtor should, however, be able 
to contest the order immediately after it was implemented.  

(14)  Neither party should be obliged to be represented by a lawyer or legal professional in 

proceedings under this Regulation. 

(15)  This  Regulation  should  provide  sufficient  safeguards  against  abuse  of  the  order.  In 
particular, unless the creditor already has a judgment enforceable in the Member State 
of enforcement, the court should be able to require the creditor to provide security to 
ensure  compensation  for  any  damage  suffered  by  the  debtor  as  a  result  of  an 
unjustified order. The conditions under which the creditor will be liable to compensate 
the debtor for such damage should be governed by national law. Where the law of a 
Member State does not provide for a statutory liability of the claimant, this Regulation 
should  not  preclude  the  recourse  to  measures  with  equivalent  effect,  such  as  the 
obligation on the claimant to give an undertaking as to damages.  

(16)  Given  that  creditors  currently  face  practical  difficulties  in  accessing  information  on 
debtors from public or private sources in a cross-border context, the Regulation should 
establish  a  mechanism  enabling  the  competent  authority  in  the  Member  State  of 
enforcement to obtain information about the debtor's bank accounts, either by obliging 
the banks to disclose the whereabouts of the debtor's accounts located in that Member 
State  or  by  granting  access  to  information  held  in  registers  or  otherwise  by  public 
authorities or administrations.  

(17) 

In  order  to  ensure  a  swift  enforcement  of  the  account  preservation  order,  the 
Regulation should provide that the transmission of the order from the issuing court to 
the  bank  is  effected  by  means  of  direct  service  as  set  out  in  Regulation  (EC)  No 
1393/2007  on  the  service  of  judicial  and  extrajudicial  documents  in  the  Member 
States20. This Regulation should also provide appropriate rules for the implementation 
of  the  order  by  the  bank  and  oblige  the  bank  to  declare  whether  the  order  has 
successfully caught any funds of the debtor.  

20 

OJ L 324, 10.12.2007, p. 79. 

EN 

13 

   EN 

 
                                                 
the  claimant  be  served  on 

(18)  The  debtor's  right  to  a  fair  trial  should  be  safeguarded  in  the  proceedings  for  the 
account  preservation  order.  This  notably  requires  that  the  order  and  all  documents 
submitted  by 
its 
implementation and that the defendant can apply for a review of the order. Jurisdiction 
for  the  review  should  lie  with  the  court  having  issued  the  order  except  if  aspects  of 
enforcement  are  contested.  However,  if  the  defendant  is  a  consumer,  employee  or 
insured, he should be able to apply for a review of the order before the courts in the 
Member  State  of  his  domicile.  The  debtor  should  also  have  the  right  to  release  the 
funds in the account is he provides alternative security.  

the  defendant  promptly  after 

(19) 

In  order  to  ensure  that  the  account  preservation  order  is  issued  and  enforced  swiftly 
and without delay, the Regulation should establish maximum time limits within which 
the  different  steps  in  the  procedure  must  be  completed.  Moreover,  this  Regulation 
should oblige Member States to treat the European procedure as fast as the procedure 
for obtaining an equivalent measure under national law. This means in particular that 
where national law establishes shorter time limits than those set in this Regulation for 
the  issue  of  national  measures,  the  shorter  time  limits  should  apply  also  to  the 
European  procedure.  In  calculating  the  periods  and  time  limits  provided  for  in  this 
Regulation,  Regulation  (EEC,  Euratom)  No  1182/71  of  the  Council  of  3  June  1971 
determining the rules applicable to periods, dates and time limits21 should apply.  

(20)  This Regulation respects the fundamental rights and observes the principles recognised 
in  the  Charter  of  Fundamental  Rights  of  the  European  Union.  In  particular,  this 
Regulation  seeks  to  ensure  full  respect  for  human  dignity  and  to  promote  the 
application of Articles 7, 8, 17 and 47 concerning, respectively, respect for private and 
family  life,  the  protection  of  personal  data,  the  right  to  property  and  the  right  to  an 
effective remedy and to a fair trial.  

(21)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 
on the protection of individuals with regard to the processing of personal data and on 
the free movement of such date22 applies to the processing of personal data within the 
framework of this Regulation. 

(22) 

In order to take into account technical progress, the power to adopt acts in accordance 
with  Article  290  of  the  Treaty  on  the  Functioning  of  the  European  Union  should  be 
delegated  to  the  Commission  in  respect  of  amendments  of  the  annexes  of  this 
Regulation.  It  is  of  particular  importance  that  the  Commission  carry  out  appropriate 
consultations during its preparatory work, including at expert level. The Commission, 
when preparing and drawing up delegated acts, should ensure a simultaneous, timely 
and appropriate transmission of relevant documents to the European Parliament and to 
the Council.  

(23) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  the  United 
Kingdom and Ireland in respect of the area of freedom, security and justice annexed to 
the  Treaty  on  European  Union  and  to  the  TFEU,  [the  United  Kingdom  and  Ireland 
have  given  notice  of  their  wish  to  take  part  in  the  adoption  and  application  of  this 
Regulation]/[without prejudice to Article 4 of the Protocol, the United Kingdom and 

21 
22 

OJ L 124, 8.6.1971, p. 1. 
OJ L 281, 23.11.1995, p. 319.  

EN 

14 

   EN 

 
                                                 
Ireland will not participate in the adoption of this Regulation and will not be bound by 
it or be subject to its application]. 

(24) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed  to  the  Treaty  on  European  Union  and  to  the  TFEU,  Denmark  will  not 
participate  in  the  adoption  of  this  Regulation  and  is  not  therefore  bound  by  it  or 
required to apply it, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER 1 

SUBJECT MATTER, SCOPE AND DEFINITIONS 

Article 1 
Subject matter 

1. 

2. 

1. 

This  Regulation  establishes  a  European  procedure  for  a  protective  measure  which 
enables  a  creditor  to  obtain  a  European  Account  Preservation  Order  (hereinafter 
"EAPO") preventing the withdrawal or transfer of funds held by the debtor in a bank 
account within the Union.  

The  EAPO  shall  be  available  to  the  creditor  as  an  alternative  to  existing  protective 
measures in the Member States. 

Article 2  
Scope 

This  Regulation  shall  apply  to  pecuniary  claims  in  civil  and  commercial  matters 
having  cross-border  implications  as  defined  in  Article  3  whatever  the  nature  of  the 
court  or  tribunal.  It  shall  not  extend,  in  particular,  to  revenue,  customs  or 
administrative matters.  

2. 

This Regulation shall not apply to  

(a) 

bankruptcy, proceedings relating to the winding-up of insolvent companies or 
other  legal  persons,  judicial  arrangements,  composition  and  analogous 
proceedings;  

(b) 

social security; 

(c) 

arbitration. 

3. 

This  Regulation  shall  not  apply  to  bank  accounts  which,  under  the  law  governing 
immunity from enforcement of the Member State where the account is located, are 
exempt  from  seizure  or  to  systems  for  the  settlement  of  securities  designated  by 

EN 

15 

   EN 

 
Member States in accordance with Article 10 of Directive 98/26/EC of the European 
Parliament and of the Council23.  

4. 

This  Regulation  shall  apply  to  matters  of  matrimonial  property,  the  property 
consequences  of  registered  partnerships  or  successions  where  Union  legislation 
relating  to  jurisdiction,  applicable  law  and  the  recognition  and  enforcement  of 
decisions in these matters is applied.  

Article 3  
Matters having cross-border implications 

For the purposes of this Regulation, a matter is considered to have cross-border implications 
unless the court seised with the application for an EAPO, all bank accounts to be preserved by 
the order and the parties are located or domiciled in the same Member State.  

For the purposes of this Regulation: 

Article 4  
Definitions 

1. 

2. 

3. 

4. 

5. 

6. 

“bank account” means any account containing cash or financial instruments which is 
held  with  a  bank  in  the  name  of  the  defendant  or  in  the  name  of  a  third  party  on 
behalf of the defendant;  

"bank"  means  an  undertaking  the  business  of  which  is  to  receive  deposits  or  other 
repayable funds from the public and to grant credits for its own account; 

"financial instruments" means a financial instrument within the meaning of point 17 
of  Article  4(1)  of  Directive  2004/39/EC  of  the  European  Parliament  and  of  the 
Council24; 

"cash" means money credited to an account in any currency, or similar claims for the 
repayment of money, such as money market deposits; 

"funds" means cash or financial instruments; 

"Member State where the bank account is located” means; 

(a) 

(b) 

for a bank account containing cash, the Member State indicated in the account's 
IBAN; 

for  a  bank  account  containing  financial  instruments,  the  Member  State  where 
the  bank  holding  the  account  has  its  habitual  residence  as  determined  by 
Article 19 of Regulation (EC) No 593/2008 of the European Parliament and of 
the Council25; 

23 
24 
25 

OJ L 166, 11.6.1998, p. 47. 
OJ L 145, 30.4.2004, p. 1. 
OJ L 177, 4.7.2008, p. 6. 

EN 

16 

   EN 

 
                                                 
7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

"claim"  means  an  existing  claim  for  payment  of  a  specific  or  determinable  sum  of 
money; 

"judgment"  means  any  judgment  given  by  a  court  or  tribunal  of  a  Member  State, 
whatever  the  judgment  may  be  called,  including  the  determination  of  costs  or 
expenses by an officer of the court; 

"court"  means  a  court  or  any  authorities  designated  by  a  Member  State  as  having 
jurisdiction in the matters falling within the scope of this Regulation; 

"court  settlement"  means  a  settlement  which  has  been  approved  by  a  court  or 
concluded before a court in the course of proceedings; 

"authentic  instrument"  means  a  document  which  has  been  formally  drawn  up  or 
registered  as  an  authentic  instrument  in  a  Member  State  and  the  authenticity  of 
which: 

(a) 

relates to the signature and the content of the instrument, and 

(b)  has  been  established  by  a  public  authority  or  other  authority  empowered  for 

that purpose; 

"Member  State  of  origin"  means  the  Member  State  in  which  the  EAPO  has  been 
issued; 

"Member State of enforcement" means the Member State in which the bank account 
to be preserved is located; 

"Competent authority" means the authority which the Member State of enforcement 
has  designated  as  competent  for  the  obtainment  of  necessary  information  on  the 
defendant's  account  pursuant  to  Article  17,  the  service  of  the  EAPO  pursuant  to 
Articles  24  to  28  and  the  determination  of  the  amounts  exempt  from  execution 
pursuant to Article 32; 

15. 

"Domicile" means domicile as determined in accordance with Articles 59 and 60 of 
Council Regulation (EC) No 44/200126. 

CHAPTER 2 

PROCEDURE FOR OBTAINING AN EAPO 

Article 5 
Availability  

1. 

Section 1 shall apply where  

(a) 

the claimant applies for an EAPO prior to the initiation of judicial proceedings 
on the substance of the matter against the defendant or at any stage during such 
proceedings;  

26 

OJ L 12, 16.1.2001, p. 1. 

EN 

17 

   EN 

 
                                                 
2. 

1. 

2. 

3. 

1. 

2. 

(b) 

the claimant has obtained a judgment, court settlement or authentic instrument 
against  the  defendant  which  is  enforceable  in  the  Member  State  of  origin  but 
has  not  yet  been  declared  enforceable  in  the  Member  State  of  enforcement 
where such a declaration is required. 

Section 2 applies to situations where the claimant applies for an EAPO after having 
obtained a judgment, court settlement or authentic instrument against the defendant 
which is by operation of law enforceable in the Member State of enforcement or has 
been declared enforceable there. 

ISSUE OF THE EAPO PRIOR TO OBTAINING AN ENFORCEABLE TITLE 

SECTION 1 

Article 6 
Jurisdiction 

The EAPO shall be issued by a court. 

Jurisdiction for issuing the EAPO shall lie with the courts of the Member State where 
proceedings on the substance of the matter have to be brought in accordance with the 
applicable rules on jurisdiction. Where more than one court has jurisdiction for the 
substance  of  the  matter,  the  court  of  the  Member  State  where  the  claimant  has 
brought  proceedings  on  the  substance  or  intends  to  bring  proceedings  on  the 
substance shall have jurisdiction  

Notwithstanding paragraph 2, the courts of the Member State where the bank account 
is  located  shall  have  jurisdiction  to  issue  an  EAPO  which  is  to  be  enforced  in  that 
Member State. 

Article 7 
Conditions for issuing an EAPO 

An EAPO shall be issued in the amount for which it is sought or a part thereof where 
the claimant submits relevant facts, reasonably corroborated by evidence, to satisfy 
the court of both of the following:  

(a) 

that the claim against the defendant appears to be well founded;  

(b) 

that without the issue of the order the subsequent enforcement of an existent or 
future title against the defendant is likely to be impeded or made substantially 
more difficult, including because there is the real risk that the defendant might 
remove, dispose of or conceal assets held in the bank account or accounts to be 
preserved.  

Where  the  claimant  has  already  obtained  a  judgment,  court  settlement  or  authentic 
instrument  for  the  payment  of  a  sum  of  money  against  the  defendant  which  is 
enforceable in the Member State of origin and entitled to recognition in the Member 
State of enforcement under the applicable instruments of Union law, the condition set 
out in paragraph 1 (a) shall be deemed to be fulfilled. 

EN 

18 

   EN 

 
Article 8 
Application for a EAPO 

Applications for an EAPO shall be made using the form set out in Annex I.  

The application form shall include all of the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the  name  and  address  of 
its 
representatives, and the name and address of the court to which the application 
is made; 

the  claimant,  and,  where  applicable, 

the name  and  address of the defendant and, where applicable, the defendant's 
representative; 

the  information  on  the  account(s)  in  accordance  with  Article  16  unless  a 
request for obtaining account information is sought pursuant to Article 17; 

the amount of the claim as well as the amount of interest and fees to the extent 
such fees can be secured pursuant to Article 18, 

a  description  of  all  relevant  circumstances  invoked  as  the  basis  of  the  claim, 
and, where applicable, of the interest claimed; 

a  description  of  all  relevant  circumstances  justifying  issue  of  the  order  as 
required by Article 7(1)(b); 

a  description  of  all  relevant  elements  supporting  the  jurisdiction  of  the  court 
seised; 

(h) 

a list of the evidence provided or offered to be provided by the claimant; 

(i)  where  Article  7(2)  applies,  a  copy  of  the  judgment,  court  settlement  or 
authentic  instrument  which  satisfies  the  conditions  necessary  to  establish  its 
authenticity;  

(j) 

a  declaration  whether  other  courts  have  been  seised  by  the  claimant  with  an 
application for an EAPO or an order with equivalent effect under national law 
as provided for in Article 19.  

The application shall be accompanied by any relevant supporting documents. 

The  application  may  be  submitted  by  any  means  of  communication,  including 
electronic. 

Article 9 
Examination of the application 

The  court  seised  of  an  application  for  an  EAPO  shall  examine  whether  the 
requirements set out in Articles 2, 6, 7 and 8 are met.  

1. 

2. 

3. 

4. 

1. 

EN 

19 

   EN 

 
2. 

Where  the  requirements  set  out  in  Article  8  are  not  met,  the  court  shall  give  the 
claimant  the  opportunity  to  complete  or  rectify  the  application  unless  the  claim  is 
clearly unfounded or the application is inadmissible.  

Article 10 
Ex parte procedure 

The  defendant  shall  not  be  notified  of  the  application  or  be  heard  prior  to  the  issue  of  the 
EAPO, unless the claimant requests otherwise. 

Article 11 
Evidence 

1. 

2. 

Where  the  competent  court  considers  that  it  cannot  issue  the  EAPO  without 
additional evidence, it may admit such evidence in the form of written statements of 
witnesses or experts.  

The court shall admit oral testimony only where the court deems it necessary. Where 
the  claimant,  a  witness  or  an  expert  is  not  domiciled  in  the  same  place  as  the 
competent  court,  the  court  shall  admit  evidence in the form of  video  conference or 
other communication technology where such technology is available. 

Article 12 
Security to be provided by the claimant 

Before  issuing  an  EAPO,  the  court  may  require  the  provision  of  a  security  deposit  or  an 
equivalent assurance by the claimant to ensure compensation for any damage suffered by the 
defendant to the extent the claimant is liable to compensate such damage under national law. 

Article 13 
Initiation of proceedings on the substance 

Where  an  application  for  an  EAPO  is  made  prior  to  the  initiation  of  proceedings  on  the 
substance, the claimant shall initiate such proceedings within 30 days of the date of issue of 
the  order  or  within  any  shorter  time  period  set  by  the  issuing  court,  failing  which  the  order 
shall be revocable in accordance with point (b) of Article 34(1) or Article 35(2). 

ISSUE OF AN EAPO AFTER OBTAINING AN ENFORCEABLE TITLE 

SECTION 2 

Article 14 
Competence for issuing the EAPO 

1. 

In  cases  referred  to  in  Article  5(2),  where  the  claimant  has  obtained  a  judgment  or 
court settlement, that claimant may request that the court which issued the judgment 
or court settlement also issue an EAPO. 

EN 

20 

   EN 

 
2. 

3. 

4. 

1. 

2. 

Where the claimant has obtained an authentic instrument, that claimant may request 
that the competent authority in the Member State where the authentic instrument has 
been drawn up and designated for this purpose by each Member State also issue an 
EAPO. 

The  claimant  may  address  the  application  for  an  EAPO  directly  to  the  authority  in 
the  Member  State  of  enforcement  which  that  Member  State  has  designated  as 
competent for issuing the order and notified to the Commission in accordance with 
Article 48 (hereinafter "the issuing authority").  

With regard to proceedings for issuing an EAPO as referred to in this Section, Article 
10 shall apply. 

Article 15 
Application for an EAPO  

Applications for an EAPO shall be made using the application form set out in Annex 
I. 

The application form shall include all of the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

the  name  and  address  of  the  claimant,  and,  where  applicable,  the  claimant's 
representatives, and of the court to which the application is made; 

the name and address of  the defendant  and, where applicable, the defendant's 
representative; 

the amount of the sum specified in the judgment, court settlement or authentic 
instrument as well as the amount of interests and fees to the extent these can be 
secured pursuant to Article 18; 

the  information  on  the  account(s)  in  accordance  with  Article  16,  unless  a 
request for obtaining account information is sought pursuant to Article 17; 

a copy of the judgment, court settlement or authentic instrument which satisfies 
the conditions necessary to establish its authenticity;  

(f) 

a declaration that the judgment has not yet been complied with;  

(g)  where  the  judgment,  court  settlement  or  authentic  instrument  was  issued  in 

another Member State  

(i) 

(ii) 

in case of a judgment, court settlement or authentic instruments for which 
no  declaration  of  enforceability  is  required,  the  relevant  certificate 
foreseen under the applicable instrument for purposes of enforcement in 
another  Member  State,  accompanied,  where  necessary,  by  a 
transliteration or translation in accordance with Article 47; or 

in case of a judgment, court settlement or authentic instrument for which 
the  declaration  of 
a  declaration  of  enforceability 
enforceability. 

required, 

is 

EN 

21 

   EN 

 
(h) 

a  declaration  whether  other  courts  have  been  seised  by  the  claimant  with  an 
application for an EAPO or an order with equivalent effect under national law 
pursuant to Article 19. 

3. 

The  application  may  be  submitted  in  any  means  of  communication,  including 
electronic. 

SECTION 3 

COMMON PROVISIONS 

Article 16 
Information on the account  

Unless the claimant requests that the competent authority obtain account information pursuant 
to Article 17, that claimant shall provide all information with regard to the defendant and the 
defendant's  bank  account  or  accounts  necessary  to enable the bank or banks to identify that 
defendant and his/her account(s), including the following:  

(a) 

the full name of the defendant,  

(b) 

the name of the bank with which the defendant holds one or several accounts to 
be preserved as well as the address of the bank's headquarters in the Member 
State where the account is located, and 

(c) 

either 

(i) 

the account number or numbers,  

(ii) 

the defendant's full address,  

(iii)  where  the  defendant  is  a  natural  person,  his  date  of  birth  or  national 

identity or passport number, or 

(iv)  where the defendant is a legal person, the number of that legal person in 

the business register. 

Article 17 
Request for obtaining account information 

1. 

2. 

3. 

Where the claimant does not dispose of all the account information required pursuant 
to Article 16, that claimant may request that the competent authority of the Member 
State of enforcement obtain the necessary information. Such request shall be made in 
the application for an EAPO. 

The  application  shall  include  all  information  available  to  the  claimant  about  the 
defendant and the defendant's bank accounts. 

The  court  or  issuing  authority  shall  issue  the  EAPO  pursuant  to  Article  21  and 
transmit it to the competent authority in accordance with Article 24.  

EN 

22 

   EN 

 
4. 

5. 

6. 

1. 

2. 

1. 

2. 

The competent authority shall use all appropriate and reasonable means available in 
the Member State of enforcement to obtain the information referred to in paragraph 
1. Once that information is obtained, the competent authority shall serve the EAPO 
on the bank in accordance with Article 24.  

The  methods  of  obtaining  information  under  national  law  to  be  provided  to  the 
Commission pursuant to Article 48 shall be one of the following: 

(a) 

(b) 

the  possibility  to  oblige  all  banks  in  their  territory  to  disclose  whether  the 
defendant holds an account with them.  

access by the competent authority to the information referred to in paragraph 1 
where  that  information  is  held  by  public  authorities  or  administrations  in 
registers or otherwise.  

Information  referred  to  in  paragraph  4  shall  be  adequate  for  the  purpose  of 
identifying  the  defendant's  account  or  accounts,  relevant  and  not  excessive  and  be 
limited to  

(a) 

the defendant's address, 

(b) 

the bank or banks holding the defendant's account or accounts, 

(c) 

the defendant's account number or numbers. 

Article 18 
Amount of the EAPO  

Where the EAPO was issued on the basis of a judgment, court settlement or authentic 
instrument  enforceable in the Member State  of origin, the claimant shall be able to 
secure  the  amount  set  out  in  the  EAPO  as  well  as  any  interest  and  costs  specified 
therein.  

In all other cases, the claimant shall be able to secure the amount of the claim as well 
as any interest which has accrued on the claim.  

Article 19 
Information about pending applications in other courts 

When  applying  for  an  EAPO,  the  claimant  shall  disclose  whether  he  or  she  has 
seized any other court with an application for an EAPO or an equivalent protective 
measure  under  national  law  against  the  same  defendant  and  aimed  at  securing  the 
same claim.  

The claimant shall inform the court seised with the application for an EAPO about 
any  other  EAPO  or  protective  measure  under  national  law  issued  pursuant  to  the 
application referred to in paragraph 1. In this case, the court or issuing authority may 
refrain from issuing an additional order where it considers that the measures already 
granted sufficiently protect the claimant's interests. 

EN 

23 

   EN 

 
1. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

Article 20 
Communication and Cooperation between courts 

Where the courts of a Member State are seised with an application for an EAPO and 
the courts of another Member State are seised with proceedings as to the substance, 
those  courts  concerned  may  cooperate  in  order  to  ensure  proper  coordination 
between  the  proceedings  as  to  the  substance  and  the  proceedings  relating  to  the 
EAPO.  

The  court  seised  with  the  application  for  an  EAPO  may  seek  information  from  the 
other  court  referred  to  in  paragraph  1  on  all  relevant  circumstances  of  the  case  or 
require  the  claimant  to  obtain  such  information,  such  as  the  risk  of  dissipation  of 
assets by the defendant or any refusal of a similar measure by the court seised as to 
the substance. Such information may be sought directly or through the contact points 
of  the  European  Judicial  Network  in  civil  and  commercial  matters  established  by 
Decision 2001/470/EC27. 

Article 21 
Issue, Effect and Duration of the EAPO 

Where  the  requirements  referred  to  in  this  Chapter  are  met,  the  court  or  issuing 
authority shall issue an EAPO.  

Where the order has to be enforced in another Member State, it shall be issued in the 
form set out in Annex II.  

In cases referred to in Article 5(1), the court shall issue the EAPO within 7 calendar 
days of the lodging of the application at the latest.  

Where  an  oral  hearing  is  deemed  necessary  due  to  exceptional  circumstances,  the 
court shall convene the hearing within a further 7 calendar days at the latest and shall 
issue the order within 7 calendar days after the hearing has taken place at the latest. 

In cases referred to in Article 5(2), the issuing authority shall issue the EAPO within 
3 calendar days of the lodging of the application at the latest. 

Without  prejudice  to  Article  32,  the  EAPO  shall  prevent  that  the  amount  specified 
therein is transferred, withdrawn or disposed of by the defendant or the defendant's 
creditors from the designated account or accounts. 

7. 

The EAPO shall remain in force  

(a) 

until it is set aside by a court pursuant to Articles 34, 35, 36 or 40 or, 

(b)  where  the  claimant  obtained  a  judgment,  authentic  instrument  or  court 
settlement on the substance which is enforceable in the Member State of origin 
or in cases referred to in Article 5(2), until the effect of the EAPO is replaced 
by  an  equivalent  effect  of  an  enforcement  measure  under  national  law, 

27 

OJ L 174, 27.06.2001, p. 25. 

EN 

24 

   EN 

 
                                                 
provided  that  in  the  former  case  the  claimant  has  launched  the  enforcement 
proceedings  within  30  days  after  he  judgment,  authentic  instrument  or  court 
settlement has been notified or has become enforceable, whichever is the later. 

Article 22 
Appeal against refusal to issue the EAPO 

1. 

2. 

The  claimant  may  lodge  an  appeal  against  the  decision  of  the  court  or  issuing 
authority  to  refuse  an  application  for  an  EAPO  with  the  court  to  be  notified  to  the 
Commission in accordance with Article 48.  

An appeal is to be lodged within 30 days of notification of the decision referred to in 
paragraph 1. 

CHAPTER 3 

ENFORCEABILITY AND ENFORCEMENT OF THE EAPO 

Article 23 
Abolition of exequatur 

An  EAPO  issued  in  one  Member  State  pursuant  to  Article  6(2)  and  Article  14(1)  shall  be 
recognised  and  enforceable  in  other  Member  States  without  the  need  for  a  declaration  of 
enforceability and without any possibility of opposing its recognition.  

Article 24 
Service of the EAPO on the bank 

1. 

2. 

3. 

The EAPO shall be served on the bank or banks specified therein in accordance with 
this Article. 

Where the EAPO was issued by a court or the issuing authority in the Member State 
of enforcement, service on the bank shall be effected in accordance with the law of 
that Member State.  

Where  the  court  issuing  the  EAPO  is  located  in  a  Member  State  other  than  the 
Member  State  of  enforcement,  service  shall  be  effected  in  accordance  with 
Regulation (EC) No 1393/2007 of the European Parliament and of the Council28. 

With regard to the transmission of the EAPO, the following shall apply: 

(a)  The person or authority responsible for service in the Member State of origin 
shall  transmit  the  EAPO  directly  to  the  competent  authority  of  the  Member 
State of enforcement.  

(b)  The following documents shall be transmitted: 

28 

OJ L 324, 10.12.2007 p. 79. 

EN 

25 

   EN 

 
                                                 
(i) 

a copy of the EAPO in the form set out in Annex II which satisfied the 
conditions necessary to establish its authenticity; 

(ii)  where necessary, a transliteration or translation of the form in accordance 

with Article 47; 

(iii) 

the  transmission  form  set  out  in  Annex  I  of  Regulation  (EC)  No 
1393/2007  accompanied,  where  necessary,  by  a  transliteration  or 
translation of the form in accordance with Article 48. 

(c)  The competent authority shall serve the EAPO on the bank or banks specified 
therein. The competent authority shall take all necessary steps to effect service 
of the order within 3 working days of receipt at the latest.  

(d)  As soon as the order is served on the bank, the competent authority shall draw 
up a certificate of service in accordance with Article 10 of Regulation (EC) No 
1393/2007 and transmit it to the person or authority having requested service.  

Article 25 
Service of the EAPO on the defendant 

The  defendant  shall  be  served  with  the  EAPO  and  all  documents  submitted  to  the 
court or competent authority with a view to obtaining the order without undue delay 
after service on the bank has been effected pursuant to Article 24 and the bank has 
issued the declaration pursuant to Article 27. 

Where  the  defendant  is  domiciled  in  the  Member  State  of  origin,  service  shall  be 
effected in accordance with the rules of national law of that Member State.  

Where  the  defendant  is  domiciled  in  the  Member  State  of  enforcement,  the 
competent authority of that Member State to which the EAPO has been transmitted 
pursuant to Article 24(3) shall serve the order and its accompanying documents on 
the defendant in accordance with Regulation (EC) No 1393/2007.  

If  the  defendant  is  domiciled  in  another  Member  State  than  the  Member  State  of 
origin or the Member State of enforcement, the competent authority of the Member 
State  of  enforcement  to  which  the  EAPO  has  been  transmitted  pursuant  to  Article 
24(3) shall transmit it directly to the competent authority of the Member State of the 
defendant's  domicile.  That  authority  shall  serve  it  on  the  defendant  in  accordance 
with the provisions of Regulation (EC) No 1393/2007. 

Article 26 
Implementation of the EAPO  

A bank served with a EAPO shall implement it immediately upon receipt by ensuring 
that  the  amount  specified  therein  is  not  transferred,  disposed  of  or  withdrawn  from 
the  account  or  accounts  designated  in  the  order  or  identified  by  the  bank  as  being 
held by the defendant. Any funds exceeding the amount specified in the EAPO must 
remain at the disposal of the defendant.  

1. 

2. 

3. 

4. 

1. 

EN 

26 

   EN 

 
2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

1. 

2. 

Where  the  order  is  served  outside  business  hours,  it  shall  be  implemented 
immediately after the beginning of the following business period.  

Where  the  funds  in  the  account  designated  in  the  EAPO  pursuant  to  paragraph  1 
consist  of  financial  instruments, their value shall be determined by reference to the 
relevant market rate applicable on the day of implementation.  

Where the currency of the funds held in the account is not the same as that in which 
the EAPO was issued, the bank shall convert the amount by reference to the official 
exchange rate of the day of implementation.  

The  bank's  liability  for  any  failure  to  comply  with  the  obligations  set  out  in  this 
Article shall be governed by national law. 

Article 27 
Declaration by the bank  

Within  3  working  days  following  receipt  of  the  EAPO,  the  bank  shall  inform  the 
competent  authority  and  the  claimant  using  the  form  set  out  in  Annex  III,  whether 
and  to  what  extent  funds  in  the  defendant’s  account  have  been  preserved.  The 
competent authority shall transmit the declaration to the person or authority having 
requested the service pursuant to Article 24(3)(a) within 1 working day.  

Where the account balance is sufficient to cover the amount specified in the EAPO, 
the bank shall not disclose the balance of the defendant's account.  

The  bank  may 
communication.  

transmit 

its  declaration  by  secured  electronic  means  of 

The liability of the bank for failure to comply with this obligation shall be governed 
by national law. 

Article 28 
Preservation of several accounts 

Where  the  EAPO  covers  several  accounts  held  by  the  defendant  with  one  and  the 
same bank, the bank shall implement it only up to the amount specified therein.  

Where one or more EAPOs or equivalent protective orders under national law have 
been  issued  covering  several  accounts  held  by  the  defendant  with  different  banks, 
whether in the same or in different Member States, the claimant shall have a duty to 
effect  the  release  of  any  amount  specified  therein  which  exceeds  the  amount 
stipulated in the EAPO. Such release shall be effected within 48 hours following the 
receipt of the first bank's declaration pursuant to Article 27 showing such excess. The 
release shall  be effected through the competent authority of the respective Member 
State of enforcement. 

EN 

27 

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Article 29 
Preservation of joint and nominee accounts 

Accounts, which are not exclusively held by the defendant or accounts held by a third party 
on  behalf  of  the  defendant  or  accounts  held  by  the  defendant  on  behalf  of  a  third  party, 
according  to  the  bank's  records,  may  be  preserved  only  to  the  extent  they  are  able  to  be 
preserved  under  the  rules  of  national  law  governing  the  account  to  be  notified  to  the 
Commission in accordance with Article 48. 

Article 30 
Costs relating to the banks 

1. 

2. 

3. 

A bank shall only be entitled to seek payment or reimbursement of the costs incurred 
by the implementation of the EAPO or of an order pursuant to Article 17(4)(a) where 
it is entitled to such payment or reimbursement in respect of orders with equivalent 
effect which are issued under national law.  

Fees charged for the implementation of the EAPO or of an order pursuant to Article 
17(4)(a) shall correspond to single fixed fees which are determined in advance by the 
Member  State  where  the  account  is  located  and  which  respect  the  principles  of 
proportionality and non-discrimination.  

Member States shall communicate to the Commission in accordance with Article 48 
whether  banks  are  entitled  to  recover  their  costs  and,  if  so,  the  amount  of  the  fee 
pursuant to paragraph 2. 

Article 31 
Costs relating to competent authority 

Any fees charged by a competent authority in the enforcement of the EAPO or the handling of 
a request for obtaining account information as referred to in Article 17(4) shall correspond to 
single  fixed  fees  determined  by  the  relevant  Member  State  in  advance  which  respects  the 
principles  of  proportionality  and  non-discrimination  and  notified  to  the  Commission  in 
accordance with Article 48. 

Article 32 
Amounts exempt from enforcement  

1. 

2. 

Where  the  law  of  the  Member  State  of  enforcement  so  provides,  the  amounts 
necessary,  to  ensure  the  livelihood  of  the  defendant  and  his  family,  where  the 
defendant is a natural person, or to ensure the possibility to pursue a normal course 
of  business,  where  the  defendant  is  a  legal  person,  shall  be  exempt  from  the 
enforcement of the order.  

Member  States  shall  inform  the  Commission  about  the  rules  applicable  under  their 
national law in these situations, including which amounts or types of receivables held 
in a bank account are exempt. 

EN 

28 

   EN 

 
3. 

4. 

To the extent that the amount referred to in paragraph 1 can be determined without 
the provision of additional information by the defendant, the competent authority of 
the  Member  State  of  enforcement  shall  determine  that  amount,  upon  receipt  of  the 
EAPO  and  inform  the  bank  that  that  amount  must  be  left  at  the  disposal  of  the 
defendant following implementation of the order.  

In determining the amount referred to in paragraph 1, the competent authority shall 
apply the law of the Member State by which it is designated, even if the defendant is 
domiciled in another Member State. 

Article 33 
Ranking of competing creditors 

The EAPO confers the same rank as an instrument with equivalent effect under the law of the 
Member  State  where  the  bank  account  is  located.  Member  States  shall  inform  the 
Commission about the equivalent instruments and the rank conferred by those instruments in 
accordance with Article 48. 

CHAPTER 4 

REMEDIES AGAINST THE EAPO 

Article 34 
Remedies of the defendant in the Member State of origin  

1. 

Where the EAPO was issued pursuant to Section 1 of Chapter 2, the defendant may 
apply for 

(a) 

(b) 

a review of the EAPO on the grounds that the requirements for its issue set out 
in Articles 2, 6 and 7 were not met ; 

a  review  of  the  EAPO  on  the  grounds  that  the  claimant  has  failed  to  initiate 
proceedings on the substance of the matter within the time limit referred to in 
Article 13; 

With  the  exception  of  a  review  pursuant  to  paragraph  1(b),  the  application  for  a 
review  shall  be  made  promptly,  in  any  event  within  45  days  from  the  day  the 
defendant was effectively acquainted with the contents of the order and was able to 
react.  

The application for a review shall be addressed to the court which issued the order. 
The  application  shall  be  submitted  using  the  form  set  out  in  Annex  IV  and  by  any 
means of communication, including electronic.  

The  application  shall  be  served  on  the  claimant  in  accordance  with  the  applicable 
rules on the service of documents. 

Where  the  review  is  justified  on  one  of  the  grounds  laid  down  in  paragraph  1,  the 
court shall give its decision setting aside or modifying the EAPO accordingly, within 
30 calendar days at the latest from the service of the application to the claimant. 

2. 

3. 

4. 

5. 

EN 

29 

   EN 

 
6. 

7. 

The  decision  to  set  aside  or  modify  the  order  shall  be  immediately  enforceable 
notwithstanding  any  appeal  under  article  37,  unless  the  court  decides,  in  order  to 
protect the claimant's interests, that its decision will only be enforceable after it has 
become final. 

The decision will be immediately served on the bank or banks concerned which shall 
immediately  upon  receipt  implement  the  decision  by  unblocking  the  amount 
preserved  fully  or  partially.  It  will  also  be  immediately  served  to  the  claimant  in 
accordance with the applicable rules on the service of documents. 

Article 35 
Remedies of the defendant in the Member State of enforcement  

1. 

Where the EAPO was issued pursuant to Sections 1 or 2 of Chapter 2, the defendant 
may request that  

(a) 

enforcement of the order be limited on the grounds that certain amounts in the 
account  are  exempt  from  enforcement  under  the  law  of  the  Member  State 
where the account is located and those amounts have not or not correctly been 
taken into account by the competent authority pursuant to Article 32;  

(b) 

enforcement of the order be terminated on the grounds that  

(i) 

(ii) 

a  judgment  has  been  given  in  the  Member  State  of  enforcement  which 
dismisses the claim the enforcement of which the claimant is seeking to 
secure with the order; or 

the  bank  account  preserved  is  exempt  from  enforcement  under  the  law 
governing  immunity  from  enforcement  of  the  Member  State  where  the 
account is located. 

2. 

3. 

4. 

Where the order was issued pursuant to Section 1 of Chapter 2, the defendant has the 
right to request the order be set aside on the grounds that the claimant has failed to 
initiate proceedings on the substance of the matter within the time limit referred to in 
Article 13. 

Where the order was issued pursuant to Section 2 of Chapter 2, the defendant may 
request that  

(i) 

(ii) 

the  order  be  set  aside  on  the  grounds  that  the  judgment,  court  settlement  or 
authentic instrument has been set aside in the Member State of origin; 

the  enforcement  of  the  order  be  suspended  on  the  grounds  that  the 
enforceability  of  the  judgment,  court  settlement  or  authentic  instrument  has 
been suspended in the Member State of origin.  

With the exception of a review pursuant to paragraph 2, the application for a review 
shall be made promptly and in any event within 45 days from the day the defendant 
was effectively acquainted with the contents of the order and was able to react. 

EN 

30 

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5. 

6. 

7. 

8. 

The  application  shall  be  addressed  to  the competent  courts  of  the  Member  State  of 
enforcement  notified  by  the  Member  States  pursuant  to  Article  48.  The  application 
shall be submitted in paper form or by any other means of communication, including 
electronic using the form set out in Annex IV. 

The  application  shall  be  served  on  the  claimant  in  accordance  with  the  applicable 
rules on the service of documents. 

If  the  application  is  justified,  the  court  shall  give  its  decision  setting  aside  or 
modifying  the  EAPO  accordingly,  within  30  calendar  days  at  the  latest  from  the 
service of the application to the claimant.  

The  decision  to  set  aside  or  modify  the  order  shall  be  immediately  enforceable 
notwithstanding  any  appeal  under  Article  37,  unless  the  court  decides,  in  order  to 
protect the claimant's interests, that its decision will only be enforceable after it has 
become final. 

Article 36 
Remedies of the defendant in the Member State of his domicile 

If the defendant is a consumer, employee or insured, he may also address the application for 
review  under  Articles  34  and  35  to  the  competent  court  in  the  Member  State  where  he  is 
domiciled to be notified to the Commission in accordance with Article 48. 

Article 37 
Right to appeal 

Right to appeal against a decision issued pursuant to Articles 34, 35 or 36 shall be governed 
by national law. 

Article 38 
Right to provide alternative security 

1. 

2. 

The  competent  authority  of  the  Member  State  of  enforcement  shall  terminate  the 
enforcement  of  the  EAPO  if  the  defendant  provides  to  that  competent  authority  a 
security  deposit  of  the  amount  specified  in  accordance  with  paragraph  2,  or 
equivalent assurance, including bank guarantee, as an alternative means to safeguard 
the rights of the claimant.  

The  EAPO  shall  specify  the  amount  of  the  security  necessary  to  terminate 
enforcement of the order.  

Article 39 
Right of third parties 

A  third  party  has  the  right  to  raise  objections  against  the  EAPO  before  the  courts  of  the 
Member State of origin or of enforcement insofar as the order or its enforcement prejudices 
their rights. 

EN 

31 

   EN 

 
Article 40 
Variation or revocation of the EAPO 

Without  prejudice  to  the  rights  of  the  defendant  pursuant  to  Articles  34,  35  and  36,  either 
party can apply at any time to the court of origin for a variation or revocation of the EAPO on 
the  ground  that  the  circumstances  on  which  the  order  was  issued  have  changed  in  the 
meantime,  including  that  a  judgment  on  the  substance  was  given  dismissing  the  claim  the 
enforcement of which the order sought to ensure or that the defendant has paid the claim. 

CHAPTER 5 
GENERAL PROVISIONS 

Article 41 
Representation of parties 

Representation  by  a  lawyer  or  another  legal  professional  shall  not  be  mandatory  in 
proceedings for issuing an EAPO under this Regulation.  

Article 42 
Costs to be borne by unsuccessful party  

The  unsuccessful  party  shall  bear  the  costs  of  the  proceedings.  However,  the  court 
shall  not  award  costs  to  the  successful  party  to  the  extent  that  they  were 
unnecessarily incurred or are disproportionate to the claim. 

Where  the  EAPO  was  issued  pursuant  to  Section  1  of  Chapter  2,  the  costs  of  the 
proceedings  shall  be  awarded  by  the  court  seised  with  the  proceedings  on  the 
substance or by the court setting aside the order pursuant to point (b) of Article 34(1) 
or Article 35(2).  

Where  the  order  was  issued  pursuant  to  Section  2  of  Chapter  2,  the  costs  shall  be 
determined by the competent authority enforcing the judgment, authentic instrument 
or court settlement on the basis of which the order has been issued.  

Article 43 
Court fees 

The court fees for obtaining the EAPO shall not be higher than the fees for obtaining 
an  equivalent  measure  under  national  law,  disproportionate  to  the  amount  of  the 
claim, and shall not discourage claimant from making use of the procedure.  

The  Member  States  shall  inform  the  Commission  of  the  applicable  court  fees  in 
accordance with Article 49. 

1. 

2. 

3. 

1. 

2. 

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Article 44 
Time limits 

Where, in exceptional circumstances, it is not possible for the court, the issuing authority or 
the competent authority to respect the time limits provided for in Articles 21(3) and (4), point 
(c)  of  Article  24(3),  Article  27(1),  Article  34(5)  and  (7)  and  Article  35  (8),  the  court  or 
authority shall take  the  steps  required  by those provisions as soon  as possible.  The court or 
authority shall justify the exceptional circumstances upon request by a party. 

Article 45 
Relationship with national procedural law 

All  procedural  issues  not  specifically  dealt  with  in  this  Regulation  shall  be  governed  by 
national law. 

Article 46 
Relationship with other instruments 

1. 

2. 

3. 

1. 

2. 

Without prejudice to Articles 24, 25 and 27, this Regulation shall not prejudice the 
application of Regulation (EC) No 1393/2007. 

This Regulation shall be without prejudice to Council Regulation (EC) No 44/200129. 

This Regulation shall be without prejudice to the application of Directive 95/46/EC 
of the European Parliament and of the Council. 

Article 47 
Translation and transliteration requirements 

When  a  transliteration  or  translation  is  required  under  this  Regulation,  such 
transliteration or translation shall be into the official language of the Member State 
concerned or,  where there  are  several official  languages in that Member State, into 
the  official  language  or  one  of  the  official  languages  of  court  proceedings  of  the 
place of enforcement, in accordance with the law of that Member State. 

For the purposes of the forms referred to in Article 8(1), Article 15(1), Article 21(2), 
point (b) (ii) and (iii) and point (d) of Article 24(3) , Article 27(1) and Article 34(3) 
or  any  other  documents  to  be  submitted  by  the  parties  pursuant  to  Article  8(2), 
Articles  34,  35  or  36,  transliterations  or  translations  may  also  be  into  any  other 
official language or languages of the institutions of the Union that the Member State 
concerned has indicated it can accept.  

3. 

Any translation made under this Regulation shall be done by a person qualified to do 
translations in one of the Member States. 

29 

OJ L 12, 16.1.2001, p. 1. 

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Article 48 
Information to be provided by Member States 

1. 

By __________ [12 months after the entry into force of the Regulation] at the latest, 
the Member States shall communicate the following information to the Commission  

(a) 

the authority competent for issuing an EAPO in accordance with Article 14 (2); 

(b) 

(c) 

the  methods  of  obtaining  information  available  under  their  national  law 
pursuant to Article 17(4); 

the court with which an appeal against a decision not to issue an EAPO is to be 
lodged as referred to in Article 22;  

(d) 

the authority competent for enforcing the EAPO in accordance with Chapter 3; 

(e) 

(f) 

(g) 

(h) 

(i) 

the  extent  to  which  joint  and  nominee  accounts  can  be  preserved  under  its 
national law as referred to in Article 29;  

the rules applicable to amounts exempt from enforcement under national law as 
referred to in Article 32;  

the single fixed fees of the banks and the competent authority as referred to in 
Articles 30 and 31; 

the  rank  conferred  to  protective  measures  equivalent  to  an  EAPO  under 
national law as referred to in Article 33; 

the  courts  competent  in  the  Member  State  of  enforcement  to  which  the 
application for a review may be submitted in accordance with Articles 34 (3) or 
36; 

(j) 

court fees for issuing the EAPO as referred to in Article 44; 

2. 

3. 

(k) 

the languages accepted for translations of the documents referred to in Article 
47. 

Member States shall communicate any change in the information set out in paragraph 
1 to the Commission without undue delay.  

The  Commission  shall  make  the  information  communicated  to  it  pursuant  to  this 
Article  publicly  available  through  any  appropriate  means,  in  particular  through  the 
European Judicial Network in civil and commercial matters established by Decision 
2001/470/EC. 

Article 49 
Amendment of the Annexes  

The Commission shall be empowered to adopt delegated acts in accordance with Article 50 
concerning amendments to the Annexes. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

Article 50 
Delegated acts 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article.  

The  delegation  of  power  referred  to  in  Article  50  shall  be  conferred  on  the 
Commission  for  an  indeterminate  period  of  time  from  the  entry  into  force  of  this 
Regulation.  

The delegation of power referred to in Article 50 may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an end to 
the  delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  ate  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated act already in force.  

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A  delegated  act  adopted  pursuant  to  Article  50  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall  be  extended  by  2  months  at  the  initiative  of  the  European  Parliament  or  the 
Council. 

Article 51 
Monitoring and Review 

By  [5  years  after  its  date  of  application],  the  Commission  shall  present  a  report  on 
the  application  of  this  Regulation  to  the  European  Parliament,  the  Council  and  the 
European Economic and Social Committee. That report shall contain an assessment 
of  the  operation  of  the  procedure  and  the  enforcement  of  EAPOs  in  the  Member 
States.  

The report shall be accompanied, if appropriate, by proposals for adaptation of this 
Regulation.  

Member States shall collect and make available to the Commission information on  

(a) 

(b) 

the  number  of  applications  for  an  EAPO,  the  number  of  cases  in  which  the 
order was granted and the amount covered by each order; and 

the number of applications for a review under Articles 34, 35 and 36 and the 
outcome of those procedures. 

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CHAPTER 6 
FINAL PROVISIONS 

Article 52 
Entry into force  

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties.  

It  shall  apply  from  [24  months  after  its  entry  into  force]  with  the  exception  of  Article  48 
which shall apply from [12 months after its entry into force] 

Done at 

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

EUROPEAN ACCOUNT PRESERVATION ORDER 
APPLICATION FORM  
(Article 8(1) and Article 15(1) of Regulation (EC) No XXX of the European Parliament and 
of the Council creating a European Account Preservation Order to facilitate cross-border debt 
recovery in civil and commercial matters) 

To be filled in by the court/tribunal 
Case number: 
Received by the court/tribunal on: ___/___/_____ 

IMPORTANT INFORMATION 
PLEASE READ THE GUIDELINES AT THE BEGINNING OF EACH SECTION – 
THEY WILL HELP YOU TO FILL IN THIS FORM 

Language 

Fill in this form in the language of the court/tribunal to which you are sending your 
application. Please note that the form is available in all official languages of the institutions of 
the European Union on the website of the European Judicial Atlas at 
http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm. This may help you in 
filling in the form in the required language.  

Supporting documents 

Please note that the application form should be accompanied by any relevant supporting 
documents or evidence, such as a contract, invoices, correspondence between the parties etc.  

A copy of the claim form and, where appropriate, of the supporting documents, will be served 
on the defendant after the European account preservation order has been implemented by the 
bank. The defendant will have an opportunity to apply for a review of the European order. 

1. Court/tribunal 

In this field you should identify the court/tribunal before which you are making your claim. 
An exhaustive list of possible grounds of jurisdiction is included in field 5.  

1.1. Name: 
1.2. Street and number/PO box: 
1.3. City and postal code: 
1.4. Member State: 

Austria (AT)□ Belgium (BE) □ Bulgaria (BU) □ Cyprus (CY) □ Czech Republic (CZ) □ 
Germany (DE) □ Estonia (EE) □ Greece (EL) □ Spain (ES) □ Finland (FI) □ France (FR) □ 
Hungary (HU) □ Ireland (IE) □ Italy (IT) □ Lithuania (LT) □ Luxemburg (LU) □ Latvia (LV) 
□ Malta (MT) □ Netherlands (NL) □ Poland (PL) □ Portugal (PT) □ Romania (RO) □ Sweden 
(SE) □ Slovenia (SI) □ Slovakia (SK) □ United Kingdom (UK) □ 

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2. Claimant 

This field must identify you as the claimant and your representative, if any. Please note that it 
is not mandatory to be represented by a lawyer or another legal professional. It may not be 
sufficient in some countries to give only a P.O. Box as the address and you should therefore 
include the street name and number with a postcode. Failure to do so may result in the 
document not being served. 

"Other details" may contain information that helps to identify you, for example, your date of 
birth, personal ID code or the company registry code.  

2.1. Surname, first name/name of company or organisation: 
2.2. Street and number/PO box: 
2.3. City and postal code: 
2.4. Country (if a Member State please specify the country code set out in section 1): 
2.5. Telephone30: 
2.6. E-mail31 
2.7. Claimant's representative, if any, and contact details*:  
2.8. Other details*: 

3. Defendant  

In this field you should identify the defendant and, if known, his representative. Please note 
that it is not mandatory for the defendant to be represented by a lawyer or another legal 
professional. 

It may not be sufficient in some countries to give only a P.O. Box as the address and therefore 
you should include the street name and number with a postcode. Failure to do so may result in 
the document not being served. 

If you are not able to give all pieces of information which is not marked as optional (*), you 
are requested to give additional information in field 4. 

3.1. Surname, first name, (any middle name*)/name of company or organisation: 
3.2. Street and number/PO box: 
3.3. City and postal code: 
3.4. Country (if a Member State please specify the country code set out in section 1): 
3.5. Telephone*: 
3.6. E-mail*: 
3.7. Defendant's representative, if known, and contact details*: 

4. Details of the defendant's bank account 

It is important to give as much information as possible about the defendant's bank account to 
save time and costs. If you cannot give more information than the one referred in section 4.1., 
the competent authority in the Member State(s) where the account is located can try to obtain 

30 
31 

Optional 
Optional. 

EN 

38 

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additional information from the banks or existing public registers. This procedure will, 
however, take some time and you might be charged a fee for the information.  

If you want to preserve more than one account, please use additional sheets. 

4.1. Member State where the account is located (please specify the country code set out in 
section 1) 
4.2. The name of the bank 

4.3. The address of the bank's headquarters: Street and number/PO box, city and postal 
code/country 
4.4. The number of the account 

4.5. Telephone/fax of the bank*: 
4.6. Other details concerning the type of account*: 

If you are not able to give other information of the bank account than the country where it is 
located (4.1.) and also do not know the full address of the defendant (above 3.2. and 3.3.), one 
of following additional pieces of information is needed:  

4.7. If the defendant is a natural person, 

4.7.1. Defendant's date of birth: 
4.7.2. Defendant's national identity number: 
4.7.3. Defendant's passport number: 

4.8. If the defendant is a legal person, the number of that legal person in the business register : 

5. Jurisdiction  

Have  you  already  obtained  a  judgment,  authentic  instrument  or  court  settlement  against  the 
defendant?  

Yes 

No 

If yes, pass to field 6. 

(cid:133)

(cid:133)

If no, give the following information in this field and then pass to field 7. 

Your application must be lodged with the court/tribunal that has jurisdiction to deal with it. 
Jurisdiction for issuing the European Account Preservation Order lie with the court which has 
jurisdiction for the substance of matter according with the rules of the respective instruments 
of European law. Information on the rules of jurisdiction can be found on the website of the 
European Judicial Atlas at 
http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm. You can also apply for 
a European Account Preservation Order directly in the Member State where the account is 
located.  

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39 

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This  section  includes  a  non-exhaustive  list  of  possible  grounds  for  jurisdiction  according 
above mentioned Regulation. 

You  can  also 
explanation of some of the legal terms employed. 

look  at  http://ec.europa.eu/civiljustice/glossary/glossary_en.htm  for  an 

5. On what ground do you consider the court/tribunal to have jurisdiction? 

5.1. Domicile of the defendant 

5.2. Place of performance of the contract 

5.3. Place where the harmful event occurred 

5.4. Choice of court/tribunal agreed by the parties 

5.5. Place where the bank account to be preserved is located  

5.6. Other (please specify)  

(cid:133)

(cid:133)

(cid:133)

(cid:133)

(cid:133)

6. Existing judgment, court settlement or authentic instrument 

6.1. Name of the court/tribunal/other authority: 
6.2. Date of the judgment: 
6.3. Currency:  
□ Euro (EUR) □ Bulgarian lev (BGN) □ Czech koruna (CZK) □ Hungarian forint 
(HUF) □ Lithuanian litas (LTL) □ Latvian lats (LVL) □ Polish zloty (PLN)  □ Pound 
Sterling (GBP) □ Romanian leu (RON) □ Swedish krona (SEK) □ Other (please 
specify ISO code): 

6.4. Amount which defendant has to pay to the claimant according to the judgment 
6.4.1. Principal amount: 
6.4.2. Interest awarded in judgment: 

–  Amount:_____ 

, or 

–  rate … %. The interest should run from … (dd/mm/yyyy) to … 

(dd/mm/yyyy). 

□ Interest running as of the date of the judgment: 

–  rate … %. 

6.4.3. Costs to bear by defendant 

□ No  

□ Yes. Please, specify which costs and indicate the amount (claimed or 

EN 

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incurred). 

□ Court fees: … 
□ Lawyers' fees: …. 
□ Cost of service of documents: … 
□ Other: … 

6.5. I confirm that the judgment, authentic instrument or court settlement has not yet 
been complied with 

□ Yes 

6.6.  Is  the  judgment,  authentic  instrument  or  court  settlement  by  operation  of  law 
enforceable in the Member State of enforcement or has it been declared enforceable 
there?  

□ No – please go to field 8.  

□ Yes – please join  

□  the  certificate  for  purposes  of  enforcement  issued  by  the  court  or 
competent authority under the applicable Union instrument, or 

□ the declaration of enforceability  

and go to field 9. 

7. Amount and grounds of the claim (not to be filled in if you filled in Section 6) 

A  European  Account  Preservation  Order  can  be  granted,  if  you  present  relevant  facts, 
reasonably corroborated by evidence, to satisfy the court that your claim against the defendant 
appears to be founded in the amount for which an order is sought. 

7.1. Amount of the principal of the claim: 
7.2. Amount of the interest: 
7.2.1. Interest calculated up to application day: 
7.2.2. Rate …% 
7.3. Grounds on which the claim against defendant is founded:  
7.4. List of evidence (written evidence attached): 

8. Reasons why the European Account Preservation order is needed (not to be filled in if 
youanswered 'yes' in section 6.5.): 

The European Account Preservation Order can be granted only if you present relevant facts 
that  the  enforcement  of  an  existent  or  future  title  against  the  defendant  is  likely  to  be 
frustrated or made substantially more difficult, in particular because there is the risk that the 
defendant might remove, dispose of or conceal assets held in the bank account or accounts to 
be preserved. 

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8.1. Is there risk that the defendant might remove, dispose of or conceal assets held in bank 
account, if so give further information of the situation: 
8.2. Is there other kind of risk mentioned in text above this field, if so, give further 
information: 
8.3. List of evidence (written evidence attached): 

9. Other courts seized with application for protective measures 

You have to disclose whether you have seized any other court a protective measure against 
the same defendant and aimed at securing the same rights and you must keep the court seized 
with  the  application  for  a  European  Account  Preservation  Order  informed  about  any  other 
European  Account  Preservation  Order  or  protective  measure  under  national  law  granted.  

9.1. Applications for other European Account Preservation Order 
9.1.1. Name of the court: 
9.1.2. Address of the court 
9.1.3. Reference number of the application: 
9.1.4. Is the amount of claim the same here requested? 

□ Yes. □ No If no, on the amount the other application is requested and the currency: 

9.2. Applications for national protective measure 
9.2.1. Name of the court: 
9.2.2. Address of the court 
9.2.3. Reference number of the application: 
9.1.4. Is the amount of claim the same here requested? 

□ Yes. □ No If no, on the amount the other application is requested and the currency: 

10. Date and signature 

Please make sure that you write your name clearly and sign and date your application at the 
end. 

I hereby request that the court/tribunal issue a European Account Preservation Order against 
the defendant on the basis of my claim. 

I  declare  that  the  information  provided  is  true  to  the  best  of  my  knowledge  and  is  given  in 
good faith.  

Done at: 

Date:  ___/___/_____ 

Name and signature: 

List of documents attached to this application:

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ANNEX II 

EUROPEAN ACCOUNT PRESERVATION ORDER  

(Article 21 of Regulation (EC) No XXX of the European Parliament and of the Council 
creating a European Account Preservation Order to facilitate cross-border debt recovery in 
civil and commercial matters 

1. 

Court of origin  

1.1 

Name: 

1.2 

Address: 

1.3 

Street and number/PO box: 

1.4 

Place and postal code: 

1.5  Member State 

AT □ BE □ BU □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ IE □ IT □ LT □ LU □ 
LV □ MT □ NL □ PL □ PT □ RO □ SE □ SI □ SK □ UK □ 

1.6 

Tel./fax/e-mail: 

2. 

Claimant  

2.1. 

Surname and given name(s)/name of company or organisation: 

2.2.  Address: 

2.2.1.  Street and number/PO box: 

2.2.2.  Place and postal code: 

2.2.3.  Country (if a Member State, please specify the country code set out in Section 1): 

3. 

Defendant 

3.1. 

Surname and given name(s)/name of company or organisation: 

3.2.  Address: 

3.2.1.  Street and number/PO box: 

3.2.2.  Place and postal code: 

3.2.3.  Country (if a Member State, please specify the country code set out in Section 1): 

4. 

Date and reference of the European Account Preservation Order 

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4.1.  Date  

4.2.  Reference number of the order 

5. 

Bank accounts to be preserved 

The court has ordered, that following bank account of the defendant has to be preserved up to 
amount noted in point 6.5: 

5.1. 

Information on first bank account to be preserved 

5.1.1.  Member State where the account is located (please specify the country code set out in 
Section 1): 

5.1.2.  Name and address of the bank: 

5.1.3.  Number of the bank account: 

5.2. 

Information on second bank account to be preserved: 

5.2.1.  Member State where the bank account is located: 

5.2.2.  Name and address of the bank: 

5.2.3.  Number of the bank account: 

(please use a separate sheet for additional accounts) 

When  there  is  more  than  one  bank  account  preserved,  the  claimant  has  a  duty  to 
effect the release of any amount preserved which exceeds the amount noted at point 
6.5. (Article 28(2)). 

NOTE: If the claimant was not able to give other information than the Member State 
where account is located, this order can be enforced only if the necessary information 
is obtained by the competent authority in the Member State of enforcement. 

6. 

Preserved Amount  

6.1.  Currency 

□  Euro  (EUR)  Bulgarian  lev  (BGN)  □  Czech  koruna  (CZK)  Estonian  kroon  (EEK)  □ 
Hungarian forint (HUF) □ Lithuanian litas (LTL) □ Latvian lats (LVL) □ Polish zloty (PLN) 
□ Pound Sterling (GBP) □ Romanian leu (RON) □ Swedish krona (SEK) □ Other  

(please specify ISO code): 

6.2. 

Principal amount: 

6.3. 

Interest: 

6.4.  Costs (awarded in the judgment):  

6.5. 

Preserved amount in total:  

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7. 

Security 

7.1.  Does the claimant have to provide security?  

□ No 

□ Yes, in the amount of  

Currency 

□  Euro  (EUR)  □  Bulgarian  lev  (BGN)  □  Czech  koruna  (CZK)  □  Estonian  kroon  (EEK)  □ 
Hungarian forint (HUF) □ Lithuanian litas (LTL) □ Latvian lats (LVL) □ Polish zloty (PLN) 
□  Pound  Sterling  (GBP)  □  Romanian  leu  (RON)  □  Swedish  krona  (SEK)  □  Other  (please 
specify ISO code): 

7.2 

The enforcement shall terminate if the defendant provides security in the amount of:  

8. 

Costs 

8.1.  Currency 

□  Euro  (EUR)  □  Bulgarian  lev  (BGN)  □  Czech  koruna  (CZK)  □  Estonian  kroon  (EEK)  □ 
Hungarian forint (HUF) □ Lithuanian litas (LTL) □ Latvian lats (LVL) □ Polish zloty (PLN) 
□  Pound  Sterling  (GBP)  □  Romanian  leu  (RON)  □  Swedish  krona  (SEK)  □  Other  (please 
specify ISO code): 

8.2.  Does the defendant have to bear the costs of proceedings, fully or partially?  

□ No 

□ Yes. Please specify which costs and indicate the amount (claimed or incurred). 

□ Court fees: … 

□ Lawyers' fees: …. 

□ Cost of service of documents: … 

□ Other: … 

9. Duration of the order 

The  order  will  become  revocable  unless  the  claimant  initiates  proceedings  on  the  substance 
until …………..(date) [30 days from the date of issue of the order]32 

Done at ………………. 

Date ……………………….. 

…………………………….. 
Signature and/or stamp 

32 

Applies only if the order is issued prior to initiation of proceedings on the substance 

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ANNEX III 

Declaration by the bank 

Information to the competent authority and the claimant about funds preserved 
as a result of a European Account Preservation Order 

(Art. 27 (1) of the Regulation (EC) No XXX of the European Parliament and of the Council 
creating a European Account Preservation Order to facilitate cross-border debt recovery in 
civil and commercial matters) 

This  information  is  to  be  sent  to  the  competent  authority  and  the  claimant  in  a  secured 
electronic way or by post. 

1. 

COURT OF ORIGIN  

1.1. 

Name: 

1.2. 

Address: 

1.2.1. 

Street and number/PO box: 

1.2.2.  Place and postal code: 

1.2.3.  Member State 

AT □ BE □ BU □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ IE □ IT □ LT □ LU □ 
LV □ MT □ NL □ PL □ PT □ RO □ SE □ SI □ SK □ UK □ 

2. 

European order granted by the court of origin 

2.1.  Reference number of the European order: 

2.2. 

Total amount to be preserved: 

3. 

Claimant 

3.1. 

Surname and given name(s)/name of company or organisation: 

3.2.  Address: 

3.2.1.  Street and number/PO box: 

3.2.2.  Place and postal code: 

3.2.3.  Country (if a Member State please specify the country code set out in Section 1): 

3.3. 

E-mail: 

4. 

Defendant 

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4.1. 

Surname and given name(s)/name of company or organisation: 

4.2.  Address: 

4.2.1.  Street and number/PO box: 

4.2.2.  Place and postal code: 

4.2.3.  Country (if a Member State please specify the country code set out in Section 1): 

5. 

Preserved funds 

5.1.  Name of the bank: 

5.2.  Address of the bank: 

5.3.  Member State (please specify the country code set out in Section 1) 

5.4 

Tel./fax/e-mail of the bank: 

5.5.  Amount of the money preserved: 

Done at ………………. 

Date ……………………….. 

…………………………….. 
Signature and/or stamp 

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 ANNEX IV 

APPLICATION FOR A REVIEW 

(Art. 34, 35 and 36 of the Regulation (EC) No XXX of the European Parliament and of the 
Council creating a European Account Preservation Order to facilitate cross-border debt 
recovery in civil and commercial matters) 

IMPORTANT INFORMATION 

Language 
Fill in this form in the language of the court/tribunal to which you are sending your 
application. Please note that the form is available in all official languages of the institutions of 
the European Union on the website of the European Judicial Atlas at 
http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm. This may help you in 
filling in the form in the required language.  

1. 

APPLICANT 

1.1. 

Surname and given name(s)/name of company or organisation: 

1.2. 

Address: 

1.2.1. 

Street and number/PO box: 

1.2.2.  Place and postal code: 

1.2.3.  Country (if a Member State please specify the country code set out in Section 2): 

2. 

COURT  OF  ORIGIN  (THE  COURT  WHICH  HAS  ISSUED  THE  EUROPEAN  ACCOUNT 
PRESERVATION ORDER) 

2.1. 

Name: 

2.2. 

Address: 

2.2.1. 

Street and number/PO box: 

2.2.2.  Place and postal code: 

2.2.3.  Member State 

AT □ BE □ BU □CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ IE □ IT □ LT □ LU □ 
LV □ MT □ NL □ PL □ PT □ RO □SE □ SI □ SK □ UK □ 

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3. 

EUROPEAN ACCOUNT PRESERVATION ORDER: 

3.1. 

Date and reference number:  

3.2. 

Total amount to be preserved: 

4. 

MEMBER STATE OF ENFORCEMENT 

Member state where the order has been enforced (please specify the country code set out in 
Section 2): 

5. 

CLAIMANT  

5.1. 

Surname and given name(s)/name of company or organisation: 

5.2. 

Address: 

5.2.1. 

Street and number/PO box: 

5.2.2.  Place and postal code: 

5.2.3.  Country (if a Member State please specify the country code set out in Section 2): 

Request for a review 

In most cases, the application for a review of the European Account Preservation Order has to 
be addressed to the court of origin. This is the case if you want to raise any objections listed in 
Section  6  below,  in  particular  objections  against  the  existence  or  amount  of  the  claim  or 
against the risk of dissipation of assets.  

If  you  want  to  raise  any  objection  against  the  enforcement  procedure  listed  in  Section  7 
below,  notably  relating  to  the  amounts  exempt  from  execution,  you  have  to  address  your 
application to the court in the Member State of enforcement.  

If you have been sued in your capacity as a consumer, employee or insured person, you 
can address your application for a review to the competent court in the Member State 
where  you  have  your  habitual  residence.  In  this  case,  please  tick  the  objections  which 
you want to raise in Section 6 and/or Section 7 and tick the box in Section 8. 

6. 

REQUEST FOR A REVIEW IN THE COURT OF ORIGIN  

N.B.  If  the  European  Account  Preservation  Order  was  issued  on  the  basis  of  an  existing 
judgment, court settlement  or authentic instrument against you,  you only have right to raise 
the objections listed in point 6.1.1, 6.1.2 and 6.2.  

I  hereby  lodge  application  for  the  review  of  the  European  order  because  (please  tick  the 
appropriate box) 

6.1.  the  conditions  for  issuing  the  European  Account  Preservation  Order  were  not  fulfilled; 
because 

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6.1.1. □ The regulation is not applicable to the claimant's claim/judgment (Art. 2) 

6.1.2. □ The court of origin has no jurisdiction (Art. 6 or Art. 14 (1)) 

6.1.3. □ The claimant's claim is not founded (Art. 7 (1)), please give reasons: 

6.1.4. □ There is no risk of removing, disposing or concealing funds held in the bank account 
(Art. 7(2)), please give reasons: 

6.2. □ 6.3. □ The claimant should have been required to provide security or a higher security 
than the one ordered by the court (please give reasons): 

6.4 □ The claimant has not initiated the proceedings on the substance of the matter within 30 
days of the date of issue the order or in the shorter time period set by the issuing court. 

7. 

REQUEST FOR REVIEW IN THE MEMBER STATE OF ENFORCEMENT  

N.B.  If  the  European  Account  Preservation  Order  was  issued  on  the  basis  of  an  existing 
judgment, court settlement or authentic instrument against you, you are do not have right to 
raise the objections listed in point 7.4. 

I hereby lodge application for the review of the enforcement of the European order because 
(please tick the appropriate box) 

7.1. The European order has been enforced against the law of Member State of enforcement 
because: 

7.1.1. □ The defendant has the right to exempt certain amount of money and now there has 
been preserved that amount too or some part of it  

7.1.2.  □  The  account  of  defendant  is  exempt  from  enforcement  under  the  law  governing 
immunity from enforcement 

7.2.  □  The  European  order  is  to  be  terminated  because  a  judgment  has  been  given  in  the 
Member State of enforcement which dismisses the claim of the claimant. 

7.3. □ The European order is to be set aside on the ground that court settlement or authentic 
instrument has been set aside in the Member State of origin. 

7.4. □ The claimant has not initiated the proceedings on the substance of the matter within 30 
days of the date of issue the order or in the shorter time period set by the issuing court. 

7.5. □ The European order has to be suspended on the grounds that the enforceability of the 
judgement, court settlement or authentic instrument has been suspended in the Member State 
of origin.  

8. 

REQUEST FOR REVIEW IN THE MEMBER STATE OF THE DEFENDANT'S DOMICILE 

The European Account Preservation Order has been issued against me in my capacity as a  

□ consumer 

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□ employee 

□ insured person.  

Done at: … 

Date (dd/mm/yy): 

Name of the applicant or authorised representative 

I  declare  that  the  information  provided  is  true  to  the  best  of  my  knowledge  and  is  given  in 
good faith.  

Signature:  

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