Part II explores the procedure for obtaining a European Account Preservation Order. Applications for Preservation Orders must be lodged with a court of a participating Member State using a standard form. A Preservation Order shall be issued when the creditor has submitted sufficient evidence to satisfy the court that there is an urgent need for an Order because of a real risk that the subsequent enforcement of the creditor's claim against the debtor will be impeded or made more difficult. Creditors seeking Preservation Orders must provide information allowing identification of the bank maintaining the account. Creditors with an enforceable judgment, court settlement or authentic instrument lacking such information but who have reason to believe that the debtor holds accounts in a Member State may request obtaining the information from the competent authority in the relevant Member State. Preservation Orders are issued ex parte; parallel applications for them are not allowed.
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Show ItemsFront Matter
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Show ItemsPart I: SUBJECT MATTER, SCOPE AND DEFINITIONS
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Part II: PROCEDURE FOR OBTAINING A PRESERVATION ORDER
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Show ItemsPart III: RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF THE PRESERVATION ORDER
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Show ItemsPart IV: REMEDIES
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Show ItemsPart V: GENERAL PROVISIONS
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Show ItemsBack Matter
