The Application of the European Account Preservation Order in Germany, Luxembourg and Spain - A Comparative-Empirical Analysis

The European Account Preservation Order is the first cross-border civil interim measure at the EU level. As its name suggests, it allows the provisional attachment of debtors' bank accounts. Although many of the procedural aspects of the EAPO are uniformly established for all Member States, many others depend on national law. This results in fragmentation across the EU landscape on how the EAPO is applied. Understanding the application of the EAPO in each civil procedural system is thus of utter importance for understanding how it works in practice. This book proposes an overview of how the EAPO procedure is embedded in three different jurisdictions (Germany, Luxembourg, and Spain) while highlighting the divergences between them. Practitioners will find in this book a practical tool on how to navigate with the EAPO through the untainted waters of national civil procedural systems while identifying the most recurrent issues they might encounter while applying this instrument.

Summary

The European Account Preservation Order is the first cross-border civil interim measure at the EU level. As its name suggests, it allows the provisional attachment of debtors’ bank accounts. Although many of the procedural aspects of the EAPO are uniformly established for all Member States, many others depend on national law. This results in fragmentation across the EU landscape on how the EAPO is applied. Understanding the application of the EAPO in each civil procedural system is thus of utter importance for understanding how it works in practice. This book proposes an overview of how the EAPO procedure is embedded in three different jurisdictions (Germany, Luxembourg, and Spain) while highlighting the divergences between them. Practitioners will find in this book a practical tool on how to navigate with the EAPO through the untainted waters of national civil procedural systems while identifying the most recurrent issues they might encounter while applying this instrument.

Product details

• Authors: Carlos Santaló Goris
• Publisher: Nomos
• Languages: English, German
• Product format: Hardback
• Release: 01.10.2024, delayed
• EAN: 9783756011834
• ISBN: 978-3-7560-1183-4
• No. of pages: 419
• Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; Deutschland, Spanien, Luxemburg, Spain, EU, Europäische Union, Germany, Rechtsvergleichung, NG-Rabatt, Rechtssysteme: Zivilprozessrecht, Zivilverfahren, Luxembourg, Vollstreckungsrecht, Civil procedure, application oft he EAPO, debtors‘ bank account, nationale Zersplitterung, nationale Umsetzung, European Account Preservation Order, vorläufige Pfändung, EAPO, national fragmentation, Antrag auf EAPO, Bankkonto des Schuldners, enforcement law, provisional attachment, Europäischer Beschluss zur vorläufigen Kontenpfändung