The European Account Preservation Order Regulation A Commentary

The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical implications of the EAPO Regulation.

Part I. Preliminary Chapters: 1. Introduction; 2. A brief overview of the regulation; 3. The territorial scope of the Regulation; 4. The exclusion of the arbitration; 5. The rights of the defendants under the regulation; Part II. Commentary: Preamble: 6. subject matter, scope and definitions; 7. Procedure for obtaining a preservation order; 8. Recognition, enforceability and enforcement of the preservation order; 9. Remedies; 10. General provisions; 11. Final provisions; Annexes.

An invaluable comprehensive user's guide to the European Account Preservation Order Regulation for: legal scholars, students and researchers; law firms, practicing lawyers and litigators involved in cross-border and international litigation; banks, judges, judicial clerks and bailiffs of the twenty-six member states; and consumers and insurance companies of the EU and third countries.

Gilles Cuniberti is Professor of Private International Law at the University of Luxembourg. He was a member of the expert group which assisted the European Commission in issuing the first draft of the EAPO Regulation and was also involved in the drafting of legislation implementing the EAPO Regulation in Luxembourg.
Sara Migliorini is a Senior Research Fellow in the Centre of Comparative, European and International Law at the University of Lausanne, Switzerland.