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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 article 8 CELEX: 02014R0655-20250501 Application for a Preservation Order
1. Applications for a Preservation Order shall be lodged using the form established in accordance with the advisory procedure referred to in Article 52(2). |
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 article 8 CELEX: 02014R0655-20250501 2. The application shall include the following information: (a) the name and address of the court with which the application is lodged; (b) details concerning the creditor: name and contact details and, where applicable, name and contact details of the creditor’s representative, and: (i) where the creditor is a natural person, his date of birth and, if applicable and available, his identification or passport number; or (ii) where the creditor is a legal person or any other entity having legal capacity to sue or be sued under the law of a Member State, the State of its incorporation, formation or registration and its identification or registration number or, where no such number exists, the date and place of its incorporation, formation or registration; (c) details concerning the debtor: name and contact details and, where applicable, name and contact details of the debtor’s representative and, if available: (i) where the debtor is a natural person, his date of birth and identification or passport number; or (ii) where the debtor is a legal person or any other entity having legal capacity to sue or be sued under the law of a Member State, the State of its incorporation, formation or registration and its identification or registration number or, where no such number exists, the date and place of its incorporation, formation or registration; (d) a number enabling the identification of the bank, such as the IBAN or BIC and/or the name and address of the bank, with which the debtor holds one or more accounts to be preserved; (e) if available, the number of the account or accounts to be preserved and, in such a case, an indication as to whether any other accounts held by the debtor with the same bank should be preserved; (f) where none of the information required under point (d) can be provided, a statement that a request is made for the obtaining of account information pursuant to Article 14, where such a request is possible, and a substantiation as to why the creditor believes that the debtor holds one or more accounts with a bank in a specific Member State; (g) the amount for which the Preservation Order is sought: (i) where the creditor has not yet obtained a judgment, court settlement or authentic instrument, the amount of the principal claim or part thereof and of any interest recoverable pursuant to Article 15; (ii) where the creditor has already obtained a judgment, court settlement or authentic instrument, the amount of the principal claim as specified in the judgment, court settlement or authentic instrument or part thereof and of any interest and costs recoverable pursuant to Article 15; (h) where the creditor has not yet obtained a judgment, court settlement or authentic instrument: (i) a description of all relevant elements supporting the jurisdiction of the court with which the application for the Preservation Order is lodged; (ii) a description of all relevant circumstances invoked as the basis of the claim, and, where applicable, of the interest claimed; (iii) a statement indicating whether the creditor has already initiated proceedings against the debtor on the substance of the matter; (i) where the creditor has already obtained a judgment, court settlement or authentic instrument, a declaration that the judgment, court settlement or authentic instrument has not yet been complied with or, where it has been complied with in part, an indication of the extent of non-compliance; (j) a description of all relevant circumstances justifying the issuing of the Preservation Order as required by Article 7(1); (k) where applicable, an indication of the reasons why the creditor believes he should be exempted from providing security pursuant to Article 12; (l) a list of the evidence provided by the creditor; (m) a declaration as provided for in Article 16 as to whether the creditor has lodged with other courts or authorities an application for an equivalent national order or whether such an order has already been obtained or refused and, if obtained, the extent to which it has been implemented; (n) an optional indication of the creditor’s bank account to be used for any voluntary payment of the claim by the debtor; (o) a declaration that the information provided by the creditor in the application is true and complete to the best of his knowledge and that the creditor is aware that any deliberately false or incomplete statements may lead to legal consequences under the law of the Member State in which the application is lodged or to liability pursuant to Article 13. |
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 article 8 CELEX: 02014R0655-20250501 3. The application shall be accompanied by all relevant supporting documents and, where the creditor has already obtained a judgment, court settlement or authentic instrument, by a copy of the judgment, court settlement or authentic instrument which satisfies the conditions necessary to establish its authenticity. 4. The application and supporting documents may be submitted by any means of communication, including electronic, which are accepted under the procedural rules of the Member State in which the application is lodged or by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844 of the European Parliament and of the Council (). |