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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 19 CELEX: 02014R0655-20250501 Form and content of the Preservation Order
1. The Preservation Order shall be issued using the form established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2) and shall bear a stamp, a signature and/or any other authentication of the court. The form shall consist of two parts: (a) part A, containing the information set out in paragraph 2 to be provided to the bank, the creditor and the debtor; and (b) part B, containing the information set out in paragraph 3 to be provided to the creditor and the debtor in addition to the information pursuant to paragraph 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 19 CELEX: 02014R0655-20250501 2. Part A shall include the following information: (a) the name and address of the court and the file number of the case; (b) details of the creditor as indicated in point (b) of Article 8(2); (c) details of the debtor as indicated in point (c) of Article 8(2); (d) the name and address of the bank concerned by the Order; (e) if the creditor has provided the account number of the debtor in the application, the number of the account or accounts to be preserved, and, where applicable, an indication as to whether any other accounts held by the debtor with the same bank also have to be preserved; (f) where applicable, an indication that the number of any account to be preserved was obtained by means of a request pursuant to Article 14 and that the bank, where necessary pursuant to the second subparagraph of Article 24(4), is to obtain the number or numbers concerned from the information authority of the Member State of enforcement; (g) the amount to be preserved by the Order; (h) an instruction to the bank to implement the Order in accordance with Article 24; (i) the date of issue of the Order; (j) if the creditor has indicated an account in his application pursuant to point (n) of Article 8(2), an authorisation to the bank pursuant to Article 24(3) to release and transfer, if so requested by the debtor and if allowed by the law of the Member State of enforcement, funds up to the amount specified in the Order from the preserved account to the account that the creditor has indicated in his application; (k) information on where to find the electronic version of the form to be used for the declaration pursuant to Article 25. |
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 19 CELEX: 02014R0655-20250501 3. Part B shall include the following information: (a) a description of the subject matter of the case and the court’s reasoning for issuing the Order; (b) the amount of the security provided by the creditor, if any; (c) where applicable, the time-limit for initiating the proceedings on the substance of the matter and for proving such initiation to the issuing court; (d) where applicable, an indication as to which documents must be translated pursuant to the second sentence of Article 49(1); (e) where applicable, an indication that the creditor is responsible for initiating the enforcement of the Order and consequently, where applicable, an indication that the creditor is responsible for transmitting it to the competent authority of the Member State of enforcement pursuant to Article 23(3) and for initiating service on the debtor pursuant to Article 28(2), (3) and (4); and (f) information about the remedies available to the debtor. |
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 19 CELEX: 02014R0655-20250501 4. Where the Preservation Order concerns accounts in different banks, a separate form (part A pursuant to paragraph 2) shall be filled in for each bank. In such a case, the form provided to the creditor and the debtor (parts A and B pursuant to paragraphs 2 and 3 respectively) shall contain a list of all banks concerned. |