Council of the European Union and European Parliament 15 May 2014, Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters

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European Union · · · Cited by 324 · 15-05-2014

CHAPTER 1. SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1. Subject matter
Article 2. Scope
Article 3. Cross-border cases
Article 4. Definitions
CHAPTER 2. PROCEDURE FOR OBTAINING A PRESERVATION ORDER
Article 5. Availability
Article 6. Jurisdiction
Article 7. Conditions for issuing a Preservation Order
Article 8. Application for a Preservation Order
Article 9. Taking of evidence
Article 10. Initiation of proceedings on the substance of the matter
Article 11. Ex parte procedure
Article 12. Security to be provided by the creditor
Article 13. Liability of the creditor
Article 14. Request for the obtaining of account information
Article 15. Interest and costs
Article 16. Parallel applications
Article 17. Decision on the application for the Preservation Order
Article 18. Time-limits for the decision on the application for a Preservation Order
Article 19. Form and content of the Preservation Order
Article 20. Duration of the preservation
Article 21. Appeal against a refusal to issue the Preservation Order
CHAPTER 3. RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF THE PRESERVATION ORDER
Article 22. Recognition and enforceability
Article 23. Enforcement of the Preservation Order
Article 24. Implementation of the Preservation Order
Article 25. Declaration concerning the preservation of funds
Article 26. Liability of the bank
Article 27. Duty of the creditor to request the release of over-preserved amounts
Article 28. Service on the debtor
Article 29. Transmission of documents
Article 30. Preservation of joint and nominee accounts
Article 31. Amounts exempt from preservation
Article 32. Ranking of the Preservation Order
CHAPTER 4. REMEDIES
Article 33. Remedies of the debtor against the Preservation Order
Article 34. Remedies of the debtor against enforcement of the Preservation Order
Article 35. Other remedies available to the debtor and the creditor
Article 36. Procedure for the remedies pursuant to Articles 33, 34 and 35
Article 37. Right to appeal
Article 38. Right to provide security in lieu of preservation
Article 39. Right of third parties
CHAPTER 5. GENERAL PROVISIONS
Article 40. Legalisation or other similar formality
Article 41. Legal representation
Article 42. Court fees
Article 43. Costs incurred by the banks
Article 44. Fees charged by authorities
Article 45. Time frames
Article 46. Relationship with national procedural law
Article 47. Data protection
Article 48. Relationship with other instruments
Article 49. Languages
Article 50. Information to be provided by Member States
Article 51. Establishment and subsequent amendment of the forms
Article 52. Committee procedure
Article 53. Monitoring and review
CHAPTER 6. FINAL PROVISIONS
Article 54. Entry into force

27.6.2014

Official Journal of the European Union

L 189/59

REGULATION (EU) No 655/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 May 2014

establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on

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