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05/11/2019
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Toolkit on the European Account Preservation Order: The Order

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1. Decision on the application for the Preservation Order (article 17)

As soon as the court receives the request, it checks if the conditions and requirements of the regulation are fulfilled.

Where the creditor has not provided all the information the court may, unless the application is clearly inadmissible or unfounded, give the creditor the opportunity to complete or rectify the application within a period of time to be specified by the court.

If the creditor fails to complete or rectify the application within that period, the application shall be rejected.

Where all the conditions are fulfilled, the jurisdiction delivers the European Account Preservation Order in the amount justified by the evidence given by the creditor.

The Order may not under any circumstances be issued in an amount exceeding the amount indicated by the creditor in his application.

The decision on the application shall be brought to the notice of the creditor in accordance with the procedure provided for by the law of the Member State of origin for equivalent national orders.

2. Time-limits for the decision on the application for a Preservation Order (article 18)

2.1. The creditor has not yet obtained a judgment, court settlement or authentic instrument

Where the creditor has not yet obtained a judgment, court settlement or authentic instrument, the court shall issue its decision by the end of the tenth working day after the creditor lodged or, where applicable, completed his application.

2.2. The creditor has already obtained a judgment, court settlement or authentic instrument

Where the creditor has already obtained a judgment, court settlement or authentic instrument, the court shall issue its decision by the end of the fifth working day after the creditor lodged or, where applicable, completed his application.

2.3. Extension of the delay

In three cases, the court can decide to issue its decision after the 5 or 10 days period:
  • When it is necessary to proceed to hearings of the creditor or of witnesses;
  • When the creditor has to provide security, the court shall issue its decision without delay once the creditor has provided the security required;
  • When a request for the obtaining of account information was made, the court shall issue its decision without delay once it has received the information provided that any security required has been provided by the creditor by that time.

3. Form and content of the Preservation order (Article 19)

3.1. Form

The order is issued using the appropriate form. Commission Implementing Regulation (EU) 2016/1823 of 10 October 2016 (available by clicking on this link) contains all the standard forms necessary for the application of the Regulation creating the European order for the attachment of bank accounts

Where the Preservation Order concerns accounts in different banks, a separate form shall be filled in for each bank.

3.2. Content

The form shall consist of two parts:

3.2.1. Part A

Part A, to be provided to the bank, the creditor and the debtor, shall include:
  • The name and address of the court and the file number of the case;
  • Details of the creditor;
  • Details of the debtor;
  • The name and address of the bank concerned by the Order;
  • If provided the account number of the debtor;
  • If relevant the account number obtained by means of a request pursuant to Article 14;
  • The amount to be preserved by the Order;
  • An instruction to the bank to implement the Order;
  • The date of issue of the Order;
  • In the event of voluntary payment, the account number of the creditor where the amount can be transferred;
  • Information on where to find the electronic version of the form to be used for the declaration

3.2.2. Part B

Part B, to be provided to the creditor and the debtor in addition to the information pursuant to Part A:
  • A description of the subject matter of the case and the court’s reasoning;
  • The amount of the security provided by the creditor, if any;
  • Where applicable, the time-limit for initiating the proceedings on the substance of the matter;
  • Where applicable, an indication as to which documents must be translated;
  • Where applicable, an indication that the creditor is responsible for initiating the enforcement of the Order and consequently, where applicable, an indication that the creditor is responsible for transmitting it to the competent authority of the Member State of enforcement and for initiating service on the debtor
  • Information about the remedies available to the debtor.

4. Duration of the preservation order (article 20)

There is no fixed term for the preservation order. The Preservation Order shall remain preserved:
  • Until the Order is revoked;
  • Or, until the enforcement of the Order is terminated;
  • Or, until a measure to enforce a judgment, court settlement or authentic instrument obtained by the creditor relating to the claim which the Preservation Order was aimed at securing has taken effect with respect to the funds preserved by the Order.

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The European Account Preservation Order

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