Description
Book SynopsisThis comprehensive Commentary provides article-by-article exploration of EU Regulation 655/2014, analysing and outlining in a straightforward manner the steps that lawyers, businesses and banks can take when involved in debt recovery. It offers a detailed discussion of national practice and legislation in order to provide context and a deeper understanding of the complex difficulties surrounding the procedural system created by the European Account Preservation Order (EAPO) Regulation.
Aiming to offer a practical and comprehensive overview of the EAPO Regulation, this book highlights its strengths and potential to increase the efficiency of cross-border debt recovery within the European judicial area. D’Alessandro and Gascón Inchausti examine the descriptive and analytical literature focusing on the EAPO Regulation, while also considering available reports and national case law databases. The book also takes into account the interplay between the EAPO Regulation and the other instruments of the European Law of Civil Procedure, and provides analysis of the case law of the Court of Justice of the European Union and national courts.
Key Features:
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- Article-by-article commentary and analysis
- Practical direction in the field of cross-border debt recovery
- Detailed discussion of national practice within the EU
- A contextual approach
Offering a clear and direct way to address the issues and solutions surrounding EAPO Regulation, this comprehensive book will be an ideal companion for legal practitioners specializing in debt recovery as well as students interested in European law and finance.
Trade Review‘Getting judgments may often seem the easy part; enforcing them is the main event. In the EU, this enforcement effort can be complicated by diverging practices in EU member states. The recent adoption of an EU-wide procedure offers positive results, and the fact some 55 billion Euros in judgments go unpaid each year proves the need for something like this. This book, by leading academics, introduces and explains the new procedure. It should be of great use to every judgment holder in every EU member state.’ -- Richard Marcus, University of California College of the Law, San Francisco, US
Table of ContentsContents: Preface xxii General introduction 1 Elena D’Alessandro and Fernando Gascón Inchausti PART I SUBJECT MATTER, SCOPE AND DEFINITIONS 1 Subject matter 7 Marcin Walasik 2 Scope 17 Marcin Walasik 3 Cross-border cases 35 Marcin Walasik 4 Definitions 49 Mar.a Luisa Villamarín López PART II PROCEDURE FOR OBTAINING A PRESERVATION ORDER 5 Availability 63 Elisabetta Silvestri 6 Jurisdiction 69 Pietro Franzina 7 Conditions for issuing a preservation order 80 Elisabetta Silvestri 8 Application for a Preservation Order 84 Katharina Lugani 9 Taking of evidence 96 Elisabetta Silvestri 10 Initiation of proceedings on the substance of the matter 100 Fernando Gascón Inchausti 11 Ex parte procedure 112 Fernando Gascón Inchausti 12 Security to be provided by the creditor 118 Pilar Peiteado Mariscal 13 Liability of the creditor 130 Pietro Franzina and Caterina Benini 14 Request for the obtaining of account information 144 Carlos Santaló Goris 15 Interest and costs 159 Guillaume Payan 16 Parallel applications 164 Pilar Peiteado Mariscal 17 Decision on the application for the preservation order 175 Guillaume Payan 18 Time-limits for the decision on the application for a preservation order 185 Guillaume Payan 19 Form and content of the Preservation Order 193 Guillermo Schumann Barragán 20 Duration of the preservation 200 Guillermo Schumann Barragán 21 Appeal against a refusal to issue the Preservation Order 206 Enrique Vallines García PART III RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF THE PRESERVATION ORDER 22 Recognition and enforceability 218 Elena D’Alessandro 23 Enforcement of the Preservation Order 224 Elena D’Alessandro 24 Implementation of the Preservation Order 230 Elena Alina Onţanu 25 Declaration concerning the preservation funds 245 Katharina Lugani 26 Liability of the bank 251 Pietro Franzina and Caterina Benini 27 Duty of the creditor to request the release of over-preserved amounts 257 Elena Alina Onţanu 28 Service on the debtor 265 Fernando Gascón Inchausti 29 Transmission of documents 274 Guillermo Schumann Barragán 30 Preservation of joint and nominee accounts 279 María Luisa Villamarín López 31 Amounts exempt from preservation 286 María Luisa Villamarín López 32 Ranking of the Preservation Order 293 María Luisa Villamarín López PART IV REMEDIES 33 Remedies of the debtor against the Preservation Order 299 María Luisa Villamarín López 34 Remedies of the debtor against enforcement of the Preservation Order 308 María Luisa Villamarín López 35 Other Remedies Available to the Debtor and the Creditor 316 Katharina Lugani 36 Procedure for the remedies pursuant to Articles 33, 34 and 35 319 Silvana Dalla Bontà 37 Right to appeal 331 Silvana Dalla Bontà 38 Right to provide security in lieu of preservation 339 Carlos Santaló Goris 39 Right of third parties 345 Elena D’Alessandro PART V GENERAL PROVISIONS 40 Legalization or other similar formality 353 Martina Mantovani 41 Legal representation 361 Guillaume Payan 42 Court fees 367 Guillermo Schumann Barragán 43 Costs incurred by the banks 371 Carlos Santaló Goris 44 Fees charged by authorities 376 Guillermo Schumann Barragán 45 Time frames 379 Guillermo Schumann Barragán 46 Relationship with national procedural law 383 Elena D’Alessandro 47 Data protection 386 Martina Mantovani 48 Relationship with other instruments 398 Guillermo Schumann Barragán 49 Languages 405 Carlos Santaló Goris 50 Information to be provided by Member States 414 51 Establishment and subsequent amendment of the forms 416 52 Committee procedure 417 53 Monitoring and review 418 54 Entry into force 420 Pilar Peiteado Mariscal Annex I 423 References 433
