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08/10/2019
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Au service de la profession d’huissier de justice dans le monde depuis 1952
At the Service of the Profession of Judicial Officer in the World since 1952
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Toolkit on the European Account Preservation Order: Request for information

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To reduce unnecessary procedures and to avoid proceedings concerning too many banks, the regulation organises, under certain conditions, a mechanism to allow the claimant, who does not have all the information required by article 8, to obtain them.

Article 14.1 of the Regulation states the creditor who obtained an enforceable judgment, court settlement or authentic instrument and who does not have the information concerning the bank account can request the court with which the application for the Preservation Order is lodged to request that the information authority of the Member State of enforcement obtain the information necessary to allow the bank or banks and the debtor’s account or accounts to be identified.

Article 14.1 of the Regulation allows the creditor whose judgment, court settlement or authentic instrument is not yet enforceable to obtain the information concerning a bank account provided that the amount to be preserved is substantial taking into account the relevant circumstances, and the creditor has submitted sufficient evidence to satisfy the court that there is an urgent need for account information.

The creditor that did not obtain a judgment, court settlement or authentic instrument cannot obtain the information concerning the bank account.

According to the Regulation, each Member State shall adapt its national law by choosing among different methods:
  • An obligation on all banks in its territory to disclose, upon request by the information authority, whether the debtor holds an account with them;
  • Access for the information authority to the relevant information where that information is held by public authorities or administrations in registers or otherwise;
  • The possibility for its courts to oblige the debtor to disclose with which bank or banks in its territory he holds one or more accounts
  • Any other methods which are effective and efficient.

 It is specified that all authorities participating in obtaining information act expeditiously.

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Request for the obtaining of account information

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