The Application of the European Account Preservation Order in Germany, Luxembourg and Spain

Dr. Carlos Santaló Goris

doi:10.5771/9783748917786

Summary

The European Account Preservation Order is the first cross-border civil interim measure at the EU level. As its name suggests, it allows the provisional attachment of debtors’ bank accounts. Although many of the procedural aspects of the EAPO are uniformly established for all Member States, many others depend on national law. This results in fragmentation across the EU landscape on how the EAPO is applied. Understanding the application of the EAPO in each civil procedural system is thus of utter importance for understanding how it works in practice. This book proposes an overview of how the EAPO procedure is embedded in three different jurisdictions (Germany, Luxembourg, and Spain) while highlighting the divergences between them. Practitioners will find in this book a practical tool on how to navigate with the EAPO through the untainted waters of national civil procedural systems while identifying the most recurrent issues they might encounter while applying this instrument.

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Bibliographic data

Copyright year: 2025
Publication date: 23.05.2025
ISBN-Print: 978-3-7560-1183-4
ISBN-Online: 978-3-7489-1778-6
Publisher: Nomos, Baden-Baden
Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Volume: 29
Language: English
Pages: 419
Product type: Book Titles

Titelei/Inhaltsverzeichnis No access Pages 1 - 20
1. A. The European Account Preservation Order Regulation: A breakthrough in the EU civil procedural law system No access
2. B. A fertile land for divergences No access
3. C. Evaluating the real impact of the EAPO Regulation No access
4. D. The research questions No access
5. E. Selected jurisdictions No access
6. 1. I. A functional comparative approach No access
  2. 1. 1. Case law on the EAPO Regulation No access
    2. 1. a. Selected stakeholders No access
      2. b. Questionnaires No access
      3. c. Processing the data retrieved from the stakeholders No access
    3. 3. Statistical data No access
7. G. Structure No access
1. A. Introduction No access
2. 1. I. The origins of the EAPO No access
  2. II. The Commission’s first steps No access
  3. III. From the EAPO Commission Proposal to the final text of the EAPO Regulation No access
3. 1. I. Application stage No access
  2. II. Examination of the EAPO application by the court No access
  3. III. Enforcement No access
  4. IV. Debtors’ remedies and creditors’ liability No access
4. 1. I. The Brussels I bis Regulation No access
  2. II. The Maintenance Regulation No access
5. 1. I. The alternative and pre-existing domestic measures to attach the debtors’ bank accounts No access
  2. 1. a. The German Implementing Act on the EAPO Regulation No access
    2. b. The two Luxembourgish implementing acts on the EAPO No access
    3. c. The Spanish legislator’s response to the EAPO No access
6. F. Information available on the EAPO Regulation at the institutional level No access
7. G. How the EAPO Regulation was received by stakeholders No access
1. A. Introduction No access
2. 1. I. Autonomous notion of claim No access
  2. II. Only civil and commercial matters No access
  3. 1. 1. The insolvency exclusion No access
    2. 2. The arbitration exclusion No access
  4. IV. Not all kinds of bank accounts No access
3. 1. I. The constitutive elements of a cross-border claim No access
  2. II. The different scenarios of the cross-border dimension No access
4. 1. I. Before the creditor has obtained an enforceable title No access
  2. II. After obtaining an enforceable title No access
  3. III. Timing of the EAPO application in practice No access
1. A. Introduction No access
2. 1. 1. 1. Content of the periculum in mora No access
    2. 2. Autonomous concept of EU law or reference to national law? No access
    3. 3. Domestic courts approach to the periculum in mora No access
    4. 1. a. An autonomous standard of proof? No access
      2. b. Means of evidence No access
  2. II. The fumus boni iuris No access
  3. 1. 1. The courts’ discretion to require creditors the provision of a security No access
    2. 2. Form of the security No access
    3. 3. The amount of the security No access
    4. 4. The decision on the security No access
    5. 5. Contesting the decision on the security No access
3. 1. I. Information to be provided No access
  2. II. The EAPO application standard form No access
1. A. Introduction No access
2. B. Background to the information mechanism No access
3. 1. I. A request within the EAPO application No access
  2. II. Only creditors with a title No access
  3. III. Material prerequisites to obtaining an EAPO No access
  4. IV. Reasons to believe debtors have bank accounts in other Member States No access
  5. V. Special prerequisites for creditors without an enforceable title No access
4. 1. I. The content and form of the information request sent by the court No access
  2. II. Interaction between courts and information authorities No access
5. 1. I. Information authorities No access
  2. II. The method used to collect information about a debtors’ bank accounts No access
  3. III. Fees charged by the information authorities No access
  4. IV. Deadline for providing information about a debtor’s bank accounts No access
  5. V. Statistics on the requests received by information authorities No access
  6. 1. 1. Information transferred concerning a debtor’s bank accounts No access
    2. 2. Maximum storage period of the data on debtors’ bank accounts No access
    3. 3. Informing debtors about the disclosure of their personal data No access
1. A. Introduction No access
2. 1. 1. 1. a. General regime No access
      2. b. Special regime for consumers No access
    2. 2. Jurisdiction for EAPOs requested with an enforceable title No access
    3. 3. Multiple requests for preservation orders No access
  2. II. National competent court No access
  3. III. Examination of the EAPO application within the court No access
3. C. Court fees No access
4. D. Inaudita altera parte character of the EAPO procedure No access
5. E. Legal representation of the creditors No access
6. F. The deadline to render the decision on the EAPO No access
7. G. The decision on the EAPO No access
8. H. The appeal against the decision rejecting an EAPO application No access
9. 1. I. Germany No access
  2. II. Luxembourg No access
  3. III. Spain No access
  4. IV. Overall comparative analysis No access
1. A. Introduction No access
2. 1. I. Member State of enforcement No access
  2. II. Enforcement authorities No access
  3. 1. 1. Freezing the funds or sending the funds to a special account No access
    2. 2. Funds that can be attached No access
    3. 3. Attachment of joint and nominee accounts No access
    4. 4. Order of attachment in case of several accounts within the same bank No access
    5. 5. Rank of the EAPO No access
    6. 6. The declaration concerning the preservation of funds No access
  4. IV. Amounts attached in excess No access
  5. V. Amounts exempted from attachment No access
3. 1. I. Documents that have to be served No access
  2. II. Translation of the documents No access
  3. III. The duty to translate the documents No access
  4. 1. 1. The debtor’s domicile is in the Member State where the EAPO was granted No access
    2. 2. The debtor’s domicile is in a Member State which is neither the Member State where the EAPO was granted nor the Member State of enforcement No access
    3. 3. The debtor’s domicile is in the Member State of enforcement, which is different from the Member State where the EAPO was granted No access
    4. 4. The debtor’s domicile is in a third State No access
  5. V. Deadlines to serve the documents No access
1. A. Introduction No access
2. 1. I. The grounds to request the revocation or modification of an EAPO No access
  2. II. The grounds to terminate or limit the enforcement of an EAPO No access
  3. 1. 1. Application for the remedy No access
    2. 2. Competent authorities to decide on the debtor’s requests for a remedy No access
    3. 3. Hearing the parties No access
    4. 4. Appeal against the decision on the request for a remedy No access
  4. IV. The use of the debtors’ remedies before national courts in numbers No access
3. 1. I. The form and amount of the alternative security No access
  2. 1. 1. Application for the alternative security No access
    2. 2. Competent authorities to decide on the application for an alternative security No access
    3. 3. The creditor’s hearing No access
    4. 4. Contesting the decision on the alternative security No access
    5. 5. Releasing the funds attached by the EAPO No access
4. 1. I. Uniform aspects of the EAPO liability regime No access
  2. II. Aspects left to the discretion of national law No access
  3. III. The conflict of laws rule No access
  4. IV. The type of the liability through the lens of the German, Luxembourgish and Spanish law No access
1. 1. 1. 1. The procedure of integration No access
    2. 2. Divergences on the application of the EAPO No access
  2. II. The use of the EAPO Regulation before national courts No access
  3. III. Long-term prospects No access
2. 1. 1. 1. i. Clarifying the boundaries of the material scope of application of the EAPO No access
        ii. Improving the functioning of the information mechanism No access
        iii. A more accessible EAPO for creditors No access
        iv. Setting uniform solutions for certain aspects of the EAPO procedure No access
      2. b. Looking to the future: reforms beyond the current EAPO Regulation No access
    2. 1. a. Germany No access
      2. b. Luxembourg No access
      3. c. Spain No access
  2. II. Improving awareness and the knowledge of the EAPO Regulation No access
Bibliography No access Pages 337 - 376
List of Legislation No access Pages 377 - 384
List of Legislative and Institutional Materials No access Pages 385 - 392
Case law No access Pages 393 - 404
Annex I. Questionnaire for lawyers/judges and court registrars/enforcement agents No access Pages 405 - 416
Annex II. Questionnaire for the information authorities (Art. 14) No access Pages 417 - 419
Leere Seite No access Pages 420 - 419