Evropski nalog za zamrznitev bančnih računov

slovenian

2021

volume 47, issue 6/7

creditor options   European Account Preservation Order   protective measures   Regulation No. 655/2014   request for obtaining account information   second generation regulations

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

In this paper, the authors discuss a new European instrument for improving the enforcement of judgments in the European Union, the European Account Preservation Order. In debt recovery cases with cross-border implications, recourse to national safeguards may be difficult for creditors, as the conditions for granting safeguards in national procedures vary considerably between Member States. Regulation 655/2014 allows creditors to obtain a safeguard measure to prevent the transfer or withdrawal of funds held by a debtor in a bank account in a Member State if there is a risk that without such a measure the subsequent execution of the creditor's claim against the debtor will be hindered or made significantly more difficult. The relationship between the second-generation regulations and Regulation 1215/2012 in the field of debt recovery is at issue, as the instruments of European procedural law are an alternative to national procedures, leaving creditors with a choice. The paper analyses the process of issuing a European Account Preservation Order and the system for obtaining information on the debtor's bank accounts in other Member States. Based on comparative legal experience, some shortcomings are highlighted, due to which the regulation did not meet the expectations of legal practice.

03.11.2021