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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
Consolidated text: 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
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
02014R0655 — EN — 01.05.2025 — 001.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EU) No 655/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 (OJ L 189 27.6.2014, p. 59) |
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REGULATION (EU) 2023/2844 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2023 |
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27.12.2023 |
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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
CHAPTER 1
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter
Article 2
Scope
This Regulation does not apply to:
rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage;
wills and succession, including maintenance obligations arising by reason of death;
claims against a debtor in relation to whom bankruptcy proceedings, proceedings for the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions, or analogous proceedings have been opened;
social security;
arbitration.
Article 3
Cross-border cases
For the purposes of this Regulation, a cross-border case is one in which the bank account or accounts to be preserved by the Preservation Order are maintained in a Member State other than:
the Member State of the court seised of the application for the Preservation Order pursuant to Article 6; or
the Member State in which the creditor is domiciled.
Article 4
Definitions
For the purposes of this Regulation:
‘bank account’ or ‘account’ means any account containing funds which is held with a bank in the name of the debtor or in the name of a third party on behalf of the debtor;
‘bank’ means a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council ( 2 ), including branches, within the meaning of point (17) of Article 4(1) of that Regulation, of credit institutions having their head offices inside or, in accordance with Article 47 of Directive 2013/36/EU of the European Parliament and of the Council ( 3 ), outside the Union where such branches are located in the Union;
‘funds’ means money credited to an account in any currency, or similar claims for the repayment of money, such as money market deposits;
‘Member State in which the bank account is maintained’ means:
the Member State indicated in the account’s IBAN (International Bank Account Number); or
for a bank account which does not have an IBAN, the Member State in which the bank with which the account is held has its head office or, where the account is held with a branch, the Member State in which the branch is located;
‘claim’ means a claim for payment of a specific amount of money that has fallen due or a claim for payment of a determinable amount of money arising from a transaction or an event that has already occurred, provided that such a claim can be brought before a court;
‘creditor’ means a natural person domiciled in a Member State or a legal person domiciled in a Member State or any other entity domiciled in a Member State having legal capacity to sue or be sued under the law of a Member State, who or which applies for, or has already obtained, a Preservation Order relating to a claim;
‘debtor’ means a natural person or a legal person or any other entity having legal capacity to sue or be sued under the law of a Member State, against whom or which the creditor seeks to obtain, or has already obtained, a Preservation Order relating to a claim;
‘judgment’ means any judgment given by a court of a Member State, whatever the judgment may be called, including a decision on the determination of costs or expenses by an officer of the court;
‘court settlement’ means a settlement which has been approved by a court of a Member State or concluded before a court of a Member State in the course of proceedings;
‘authentic instrument’ means a document which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which:
relates to the signature and the content of the instrument; and
has been established by a public authority or other authority empowered for that purpose;
‘Member State of origin’ means the Member State in which the Preservation Order was issued;
‘Member State of enforcement’ means the Member State in which the bank account to be preserved is maintained;
‘information authority’ means the authority which a Member State has designated as competent for the purposes of obtaining the necessary information on the debtor’s account or accounts pursuant to Article 14;
‘competent authority’ means the authority or authorities which a Member State has designated as competent for receipt, transmission or service pursuant to Article 10(2), Article 23(3), (5) and (6), Articles 25(3), 27(2) and 28(3) and the second subparagraph of Article 36(5);
‘domicile’ means domicile as determined in accordance with Articles 62 and 63 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council ( 4 ).
CHAPTER 2
PROCEDURE FOR OBTAINING A PRESERVATION ORDER
Article 5
Availability
The Preservation Order shall be available to the creditor in the following situations:
before the creditor initiates proceedings in a Member State against the debtor on the substance of the matter, or at any stage during such proceedings up until the issuing of the judgment or the approval or conclusion of a court settlement;
after the creditor has obtained in a Member State a judgment, court settlement or authentic instrument which requires the debtor to pay the creditor’s claim.
Article 6
Jurisdiction
Article 7
Conditions for issuing a Preservation Order
Article 8
Application for a Preservation Order
The application shall include the following information:
the name and address of the court with which the application is lodged;
details concerning the creditor: name and contact details and, where applicable, name and contact details of the creditor’s representative, and:
where the creditor is a natural person, his date of birth and, if applicable and available, his identification or passport number; or
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;
details concerning the debtor: name and contact details and, where applicable, name and contact details of the debtor’s representative and, if available:
where the debtor is a natural person, his date of birth and identification or passport number; or
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;
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;
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;
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;
the amount for which the Preservation Order is sought:
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;
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;
where the creditor has not yet obtained a judgment, court settlement or authentic instrument:
a description of all relevant elements supporting the jurisdiction of the court with which the application for the Preservation Order is lodged;
a description of all relevant circumstances invoked as the basis of the claim, and, where applicable, of the interest claimed;
a statement indicating whether the creditor has already initiated proceedings against the debtor on the substance of the matter;
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;
a description of all relevant circumstances justifying the issuing of the Preservation Order as required by Article 7(1);
where applicable, an indication of the reasons why the creditor believes he should be exempted from providing security pursuant to Article 12;
a list of the evidence provided by the creditor;
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;
an optional indication of the creditor’s bank account to be used for any voluntary payment of the claim by the debtor;
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.
Article 9
Taking of evidence
Article 10
Initiation of proceedings on the substance of the matter
Where the court that issued the Order is located in the Member State of enforcement, the revocation or termination of the Order in that Member State shall be done in accordance with the law of that Member State.
Where the revocation or termination needs to be implemented in a Member State other than the Member State of origin, the court shall revoke the Preservation Order by using the revocation form established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2), and shall transmit the revocation form in accordance with Article 29 to the competent authority of the Member State of enforcement. That authority shall take the necessary steps by applying Article 23 as appropriate to have the revocation or termination implemented.
For the purposes of paragraph 1, proceedings on the substance of the matter shall be deemed to have been initiated:
at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the creditor has not subsequently failed to take the steps he was required to take to have service effected on the debtor; or
if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the creditor has not subsequently failed to take the steps he was required to take to have the document lodged with the court.
The authority responsible for service referred to in point (b) of the first subparagraph shall be the first authority receiving the documents to be served.
Article 11
Ex parte procedure
The debtor shall not be notified of the application for a Preservation Order or be heard prior to the issuing of the Order.
Article 12
Security to be provided by the creditor
By way of exception, the court may dispense with the requirement set out in the first subparagraph if it considers that the provision of security referred to in that subparagraph is inappropriate in the circumstances of the case.
Article 13
Liability of the creditor
In the following cases, the fault of the creditor shall be presumed unless he proves otherwise:
if the Order is revoked because the creditor has failed to initiate proceedings on the substance of the matter, unless that omission was a consequence of the debtor’s payment of the claim or another form for settlement between the parties;
if the creditor has failed to request the release of over-preserved amounts as provided for in Article 27;
if it is subsequently found that the issue of the Order was not appropriate or appropriate only in a lower amount due to a failure on the part of the creditor to comply with his obligations under Article 16; or
if the Order is revoked or its enforcement terminated because the creditor has failed to comply with his obligations under this Regulation with regard to service or translation of documents or with regard to curing the lack of service or the lack of translation.
If accounts are preserved in more than one Member State, the law applicable to the liability of the creditor shall be the law of the Member State of enforcement:
in which the debtor has his habitual residence as defined in Article 23 of Regulation (EC) No 864/2007 of the European Parliament and of the Council ( 6 ), or, failing that,
which has the closest connection with the case.
Article 14
Request for the obtaining of account information
Notwithstanding the first subparagraph, the creditor may make the request referred to in that subparagraph where the judgment, court settlement or authentic instrument obtained by the creditor is not yet enforceable and the amount to be preserved is substantial taking into account the relevant circumstances, and the creditor has submitted sufficient evidence to satisfy the court that there is an urgent need for account information because there is a risk that, without such information, the subsequent enforcement of the creditor’s claim against the debtor is likely to be jeopardised and that this could consequently lead to a substantial deterioration of the creditor’s financial situation.
Each Member State shall make available in its national law at least one of the following methods of obtaining the information referred to in paragraph 1:
an obligation on all banks in its territory to disclose, upon request by the information authority, whether the debtor holds an account with them;
access for the information authority to the relevant information where that information is held by public authorities or administrations in registers or otherwise;
the possibility for its courts to oblige the debtor to disclose with which bank or banks in its territory he holds one or more accounts where such an obligation is accompanied by an in personam order by the court prohibiting the withdrawal or transfer by him of funds held in his account or accounts up to the amount to be preserved by the Preservation Order; or
any other methods which are effective and efficient for the purposes of obtaining the relevant information, provided that they are not disproportionately costly or time-consuming.
Irrespective of the method or methods made available by a Member State, all authorities involved in obtaining the information shall act expeditiously.
Article 15
Interest and costs
Article 16
Parallel applications
Article 17
Decision on the application for the Preservation Order
The Order may not under any circumstances be issued in an amount exceeding the amount indicated by the creditor in his application.
Article 18
Time-limits for the decision on the application for a Preservation Order
Article 19
Form and content of the Preservation Order
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:
part A, containing the information set out in paragraph 2 to be provided to the bank, the creditor and the debtor; and
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.
Part A shall include the following information:
the name and address of the court and the file number of the case;
details of the creditor as indicated in point (b) of Article 8(2);
details of the debtor as indicated in point (c) of Article 8(2);
the name and address of the bank concerned by the Order;
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;
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;
the amount to be preserved by the Order;
an instruction to the bank to implement the Order in accordance with Article 24;
the date of issue of the Order;
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;
information on where to find the electronic version of the form to be used for the declaration pursuant to Article 25.
Part B shall include the following information:
a description of the subject matter of the case and the court’s reasoning for issuing the Order;
the amount of the security provided by the creditor, if any;
where applicable, the time-limit for initiating the proceedings on the substance of the matter and for proving such initiation to the issuing court;
where applicable, an indication as to which documents must be translated pursuant to the second sentence of Article 49(1);
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
information about the remedies available to the debtor.
Article 20
Duration of the preservation
The funds preserved by the Preservation Order shall remain preserved as provided for in the Order or in any subsequent modification or limitation of that Order pursuant to Chapter 4:
until the Order is revoked;
until the enforcement of the Order is terminated; or
until a measure to enforce a judgment, court settlement or authentic instrument obtained by the creditor relating to the claim which the Preservation Order was aimed at securing has taken effect with respect to the funds preserved by the Order.
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
A Preservation Order issued in a Member State in accordance with this Regulation shall be recognised in the other Member States without any special procedure being required and shall be enforceable in the other Member States without the need for a declaration of enforceability.
Article 23
Enforcement of the Preservation Order
The transmission shall be done by the issuing court or the creditor, depending on who is responsible under the law of the Member State of origin for initiating the enforcement procedure.
Article 24
Implementation of the Preservation Order
To implement the Preservation Order, the bank shall, subject to the provisions of Article 31, preserve the amount specified in the Order either:
by ensuring that that amount is not transferred or withdrawn from the account or accounts indicated in the Order or identified pursuant to paragraph 4; or
where national law so provides, by transferring that amount to an account dedicated for preservation purposes.
The final amount preserved may be subject to the settlement of transactions which are already pending at the moment when the Order or a corresponding instruction is received by the bank. However, such pending transactions may only be taken into account when they are settled before the bank issues the declaration pursuant to Article 25 by the time-limits set out in Article 25(1).
Notwithstanding point (a) of paragraph 2, the bank shall be authorised, at the request of the debtor, to release funds preserved and to transfer those funds to the account of the creditor indicated in the Order for the purposes of paying the creditor’s claim, if all the following conditions are met:
such authorisation of the bank is specifically indicated in the Order in accordance with point (j) of Article 19(2);
the law of the Member State of enforcement allows for such release and transfer; and
there are no competing Orders with regard to the account concerned.
If, on the basis of the information provided in the Order, it is not possible for the bank or other entity to identify with certainty an account of the debtor, the bank shall:
where, in accordance with point (f) of Article 19(2), it is indicated in the Order that the number or numbers of the account or accounts to be preserved was or were obtained by means of a request pursuant to Article 14, obtain that number or those numbers from the information authority of the Member State of enforcement; and
in all other cases, not implement the Order.
Where the Preservation Order covers several accounts held by the debtor with the same bank and those accounts contain funds that exceed the amount specified in the Order, the Order shall be implemented in the following order of priority:
savings accounts in the sole name of the debtor;
current accounts in the sole name of the debtor;
savings accounts in joint names, subject to Article 30;
current accounts in joint names, subject to Article 30.
Article 25
Declaration concerning the preservation of funds
The declaration shall be transmitted, without delay, in accordance with paragraphs 2 and 3.
By the end of the first working day following the receipt or issue of the declaration, that authority shall transmit the declaration in accordance with Article 29 to the issuing court and by registered post attested by an acknowledgment of receipt, or by equivalent electronic means, to the creditor.
Article 26
Liability of the bank
Any liability of the bank for failure to comply with its obligations under this Regulation shall be governed by the law of the Member State of enforcement.
Article 27
Duty of the creditor to request the release of over-preserved amounts
The creditor shall be under a duty to take the necessary steps to ensure the release of any amount which, following the implementation of the Preservation Order, exceeds the amount specified in the Preservation Order:
where the Order covers several accounts in the same Member State or in different Member States; or
where the Order was issued after the implementation of one or more equivalent national orders against the same debtor and aimed at securing the same claim.
That authority shall, upon receipt of the request, promptly instruct the bank concerned to effect the release of the over-preserved amounts. Article 24(7) shall apply, as appropriate, in the reverse order of priority.
Article 28
Service on the debtor
Where the Member State in which the debtor is domiciled is the only Member State of enforcement, the documents referred to in paragraph 5 of this Article shall be transmitted to the competent authority of that Member State at the time of transmission of the Order in accordance with Article 23(3). In such a case, that competent authority shall initiate the service of all documents referred to in paragraph 1 of this Article by the end of the third working day following the day of receipt or issue of the declaration pursuant to Article 25 showing that amounts have been preserved.
The competent authority shall inform the issuing court or the creditor, depending on who transmitted the documents to be served, of the result of the service on the debtor.
The following documents shall be served on the debtor and shall, where necessary, be accompanied by a translation or transliteration as provided for in Article 49(1):
the Preservation Order using parts A and B of the form referred to in Article 19(2) and (3);
the application for the Preservation Order submitted by the creditor to the court;
copies of all documents submitted by the creditor to the court in order to obtain the Order.
Article 29
Transmission of documents
The court or authority that received documents in accordance with paragraph 1 of this Article shall, by the end of the working day following the day of receipt, send to:
the authority that transmitted the documents an acknowledgment of receipt, in accordance with Article 3 of Regulation (EU) 2023/2844; or
the creditor or bank that transmitted the documents an acknowledgment of receipt; employing the swiftest possible means of transmission.
The court or authority that received documents in accordance with paragraph 1 of this Article shall use the standard form for acknowledgment of receipt established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2).
Article 30
Preservation of joint and nominee accounts
Funds held in accounts which, according to the bank’s records, are not exclusively held by the debtor or are held by a third party on behalf of the debtor or by the debtor on behalf of a third party, may be preserved under this Regulation only to the extent to which they may be subject to preservation under the law of the Member State of enforcement.
Article 31
Amounts exempt from preservation
Article 32
Ranking of the Preservation Order
The Preservation Order shall have the same rank, if any, as an equivalent national order in the Member State of enforcement.
CHAPTER 4
REMEDIES
Article 33
Remedies of the debtor against the Preservation Order
Upon application by the debtor to the competent court of the Member State of origin, the Preservation Order shall be revoked or, where applicable, modified on the ground that:
the conditions or requirements set out in this Regulation were not met;
the Order, the declaration pursuant to Article 25 and/or the other documents referred to in Article 28(5) were not served on the debtor within 14 days of the preservation of his account or accounts;
the documents served on the debtor in accordance with Article 28 did not meet the language requirements set out in Article 49(1);
preserved amounts exceeding the amount of the Order were not released in accordance with Article 27;
the claim the enforcement of which the creditor was seeking to secure by means of the Order has been paid in full or in part;
a judgment on the substance of the matter has dismissed the claim the enforcement of which the creditor was seeking to secure by means of the Order; or
the judgment on the substance of the matter, or the court settlement or authentic instrument, the enforcement of which the creditor was seeking to secure by means of the Order has been set aside or, as the case may be, annulled.
Where, on the basis of such a remedy, the court requires the creditor to provide security or additional security, the first sentence of Article 12(3) shall apply as appropriate and the court shall indicate that the Preservation Order will be revoked or modified if the (additional) security required is not provided by the time-limit specified by the court.
Unless the lack of service was already cured by other means, the lack of service shall, for the purposes of assessing whether or not the remedy pursuant to point (b) of paragraph 1 is to be granted, be deemed to be cured:
if the creditor requests the body responsible for service under the law of the Member State of origin to serve the documents on the debtor; or
where the debtor has indicated in his application for a remedy that he agrees to collect the documents at the court of the Member State of origin and where the creditor was responsible for providing translations, if the creditor transmits to that court any translations required pursuant to Article 49(1).
The body responsible for service under the law of the Member State of origin shall, at the request of the creditor pursuant to point (a) of the second subparagraph of this paragraph, without delay serve the documents on the debtor by registered post attested by an acknowledgment of receipt at the address indicated by the debtor in accordance with paragraph 5 of this Article.
Where the creditor was responsible for initiating the service of the documents referred to in Article 28, a lack of service may only be cured if the creditor demonstrates that he had taken all the steps he was required to take to have the initial service of the documents effected.
The second and third subparagraphs of paragraph 3 shall apply as appropriate.
Article 34
Remedies of the debtor against enforcement of the Preservation Order
Notwithstanding Articles 33 and 35, upon application by the debtor to the competent court or, where national law so provides, to the competent enforcement authority in the Member State of enforcement, the enforcement of the Preservation Order in that Member State shall be:
limited on the ground that certain amounts held in the account should be exempt from seizure in accordance with Article 31(3), or that amounts exempt from seizure have not or not correctly been taken into account in the implementation of the Order in accordance with Article 31(2); or
terminated on the ground that:
the account preserved is excluded from the scope of this Regulation pursuant to Article 2(3) and (4);
enforcement of the judgment, court settlement or authentic instrument which the creditor was seeking to secure by means of the Order has been refused in the Member State of enforcement;
the enforceability of the judgment the enforcement of which the creditor was seeking to secure by means of the Order has been suspended in the Member State of origin; or
point (b), (c), (d), (e), (f) or (g) of Article 33(1) applies. Article 33(3), (4) and (5) shall apply as appropriate.
Article 35
Other remedies available to the debtor and the creditor
Article 36
Procedure for the remedies pursuant to Articles 33, 34 and 35
The application may be made at any time and may be submitted:
by any means of communication, including electronic means, 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.
Where the remedy was applied for in the Member State of origin, the court shall, in accordance with Article 29, transmit the decision on the remedy without delay to the competent authority of the Member State of enforcement, using the form established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2). That authority shall, immediately upon receipt, ensure that the decision on the remedy is implemented.
Where the decision on the remedy relates to a bank account maintained in the Member State of origin, it shall be implemented with respect to that bank account in accordance with the law of the Member State of origin.
Where the remedy was applied for in the Member State of enforcement, the decision on the remedy shall be implemented in accordance with the law of the Member State of enforcement.
Article 37
Right to appeal
Either party shall have the right to appeal against a decision issued pursuant to Article 33, 34 or 35. Such an appeal shall be submitted using the appeal form established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2).
Article 38
Right to provide security in lieu of preservation
Upon application by the debtor:
the court that issued the Preservation Order may order the release of the funds preserved if the debtor provides to that court security in the amount of the Order, or an alternative assurance in a form acceptable under the law of the Member State in which the court is located and of a value at least equivalent to that amount;
the competent court or, where national law so provides, the competent enforcement authority of the Member State of enforcement may terminate the enforcement of the Preservation Order in the Member State of enforcement if the debtor provides to that court or authority security in the amount preserved in that Member State, or an alternative assurance in a form acceptable under the law of the Member State in which the court is located and of a value at least equivalent to that amount.
Article 39
Right of third parties
Without prejudice to other rules of jurisdiction laid down in Union law or national law, jurisdiction in respect of any action brought by a third party:
to contest a Preservation Order shall lie with the courts of the Member State of origin, and
to contest the enforcement of the Preservation Order in the Member State of enforcement shall lie with the courts of the Member State of enforcement or, where the national law of that Member State so provides, with the competent enforcement authority.
CHAPTER 5
GENERAL PROVISIONS
Article 40
Legalisation or other similar formality
No legalisation or other similar formality shall be required in the context of this Regulation.
Article 41
Legal representation
Representation by a lawyer or other legal professional shall not be mandatory in proceedings to obtain a Preservation Order. In proceedings pursuant to Chapter 4, representation by a lawyer or another legal professional shall not be mandatory unless, under the law of the Member State of the court or authority with which the application for a remedy is lodged, such representation is mandatory irrespective of the nationality or domicile of the parties.
Article 42
Court fees
The court fees in proceedings to obtain a Preservation Order or a remedy against an Order shall not be higher than the fees for obtaining an equivalent national order or a remedy against such a national order.
Article 43
Costs incurred by the banks
Article 44
Fees charged by authorities
Fees charged by any authority or other body in the Member State of enforcement which is involved in the processing or enforcement of a Preservation Order, or in providing account information pursuant to Article 14, shall be determined on the basis of a scale of fees or other set of rules established in advance by each Member State and transparently setting out the applicable fees. In establishing that scale or other set of rules, a Member State may take into account the amount of the Order and the complexity involved in processing it. Where applicable, the fees may not be higher than the fees charged in connection with equivalent national orders.
Article 45
Time frames
Where, in exceptional circumstances, it is not possible for the court or the authority involved to respect the time frames provided for in Article 14(7), Article 18, Article 23(2), the second subparagraph of Article 25(3), Article 28(2), (3) and (6), Article 33(3) and Article 36(4) and (5), the court or authority shall take the steps required by those provisions as soon as possible.
Article 46
Relationship with national procedural law
Article 47
Data protection
Article 48
Relationship with other instruments
This Regulation is without prejudice to:
Regulation (EC) No 1393/2007 of the European Parliament and of the Council ( 7 ), except as provided for in Article 10(2), Article 14(3) and (6), Article 17(5), Article 23(3) and (6), Article 25(2) and (3), Article 28(1), (3), (5) and (6), Article 29, Article 33(3), Article 36(2) and (4), and Article 49(1) of this Regulation;
Regulation (EU) No 1215/2012;
Regulation (EC) No 1346/2000;
Directive 95/46/EC, except as provided for in Articles 14(8) and 47 of this Regulation;
Regulation (EC) No 1206/2001 of the European Parliament and of the Council ( 8 );
Regulation (EC) No 864/2007, except as provided for in Article 13(4) of this Regulation.
Article 49
Languages
Article 50
Information to be provided by Member States
By 18 July 2016, the Member States shall communicate the following information to the Commission:
the courts designated as competent to issue a Preservation Order (Article 6(4));
the authority designated as competent to obtain account information (Article 14);
the methods of obtaining account information available under their national law (Article 14(5));
the courts with which an appeal is to be lodged (Article 21);
the authority or authorities designated as competent to receive, transmit and serve the Preservation Order and other documents under this Regulation (point (14) of Article 4);
the authority competent to enforce the Preservation Order in accordance with Chapter 3;
the extent to which joint and nominee accounts can be preserved under their national law (Article 30);
the rules applicable to amounts exempt from seizure under national law (Article 31);
whether, under their national law, banks are entitled to charge fees for the implementation of equivalent national orders or for providing account information and, if so, which party is liable, provisionally and finally, to pay those fees (Article 43);
the scale of fees or other set of rules setting out the applicable fees charged by any authority or other body involved in the processing or enforcement of the Preservation Order (Article 44);
whether any ranking is conferred on equivalent national orders under national law (Article 32);
the courts or, where applicable, the enforcement authority, competent to grant a remedy (Article 33(1), Article 34(1) or (2));
the courts with which an appeal is to be lodged, the period of time, if prescribed, within which such an appeal must be lodged under national law and the event marking the start of that period (Article 37);
an indication of court fees (Article 42); and
the languages accepted for translations of the documents (Article 49(2)).
The Member States shall apprise the Commission of any subsequent changes to that information.
Article 51
Establishment and subsequent amendment of the forms
The Commission shall adopt implementing acts establishing and subsequently amending the forms referred to in Articles 8(1), 10(2), 19(1), 25(1), 27(2), 29(2) and 36(1), the second subparagraph of Article 36(5) and Article 37. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 52(2).
Article 52
Committee procedure
Article 53
Monitoring and review
By 18 January 2022, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Regulation, including an evaluation as to whether:
financial instruments should be included in the scope of this Regulation, and
amounts credited to the debtor’s account after the implementation of the Preservation Order could be made subject to preservation under the Order.
The report shall be accompanied, if appropriate, by a proposal to amend this Regulation and an assessment of the impact of the amendments to be introduced.
For the purposes of paragraph 1, the Member States shall collect and make available to the Commission upon request information on:
the number of applications for a Preservation Order and the number of cases in which the Order was issued;
the number of applications for a remedy pursuant to Articles 33 and 34 and, if possible, the number of cases in which the remedy was granted; and
the number of appeals lodged pursuant to Article 37 and, if possible, the number of cases in which such an appeal was successful.
CHAPTER 6
FINAL PROVISIONS
Article 54
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 18 January 2017, with the exception of Article 50, which shall apply from 18 July 2016.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
( 1 ) Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).
( 2 ) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
( 3 ) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
( 4 ) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
( 5 ) Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L, 2023/2844, 27.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2844/oj).
( 6 ) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJ L 199, 31.7.2007, p. 40).
( 7 ) Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, p. 79).
( 8 ) Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174, 27.6.2001, p. 1).