European Account Preservation Order
A multi-jurisdictional guide with commentary
This new book on the European Account Preservation Order offers a multi-jurisdictional guide of the Regulation, examining the national operation and implementation of the Regulation establishing the Order in the EU Member States. In that aspect, it is unique since it provides insights from the 26 Member States (not applicable in Denmark) on how the EAPO has been implemented by the legislature and applied by the courts, building upon the work undertaken by the EFFORTS project.
The EAPO has been established in order to facilitate cross-border debt recovery in civil and commercial matters by offering an alternative to the national protective measures within the EU. While provisional measures exist in all national legal systems of the EU with the purpose of preserving a factual or legal situation so as to safeguard rights, the conditions for obtaining them are extremely heterogeneous. The data collected in this book show that the implementation of the EAPO leads to divergent interpretations, something that the decisions of the Court of Justice of the European Union will remedy in the future.
Part I of the book provides the background and the research questions addressed and gives a brief overview on whether the EAPO -seven years after the Regulation became applicable- is fulfilling its purpose of facilitating cross-border debt recovery in civil and commercial matters.
Part II of the book deals with the application and enforcement of the EAPO in the Member States. Each contribution by the expert from the respective jurisdiction analyses how a litigant can apply and enforce an EAPO in the Member State and examines any existing case law. In addition, each contribution describes any other methods that are in place to obtain bank account information outside and within the context of the EAPO. Part III of the book provides an outlook for the day after with an examination of the EAPO and the common law practice and a synopsis of the application of the EAPO in the Member States. This book is an essential guide for practitioners seeking to use the Regulation; is an important source for the EU lawmaker in assessing a potential recast to the Regulation; as well as a source of information for the comparative scholars of international civil procedure.
Version numérique disponible sur :
- Strada lex Belgique
- Strada lex Luxembourg
- Strada lex Europe
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Type de produit | Livre |
---|---|
Format | Livre broché |
EAN / ISSN | 9782802772293 |
Nom de la collection | Collection droit de l'Union européenne - Monographies |
Poids | 545 g |
Disponibilité | En stock |
Nombre de pages | 340 p. |
Avec exercice intégré | Non |
Editeur | Larcier |
Langue | Anglais |
Date de publication | 19 juin 2024 |
Disponible sur Strada Belgique | Oui |
Disponible sur Strada Europe | Oui |
Disponible sur Strada Luxembourg | Oui |
List of authors
Preface by Gilles Cuniberti
Preface by Nicolas Kyriakides
Part I. The EAPO more than five years later
Introduction by Heikki A. Huhtamaki
Is the EAPO fulfilling its purpose by Nicholas Mouttotos
Part II. Applying and enforcing the EAPO in Member States
Austria by Michael Otti
Belgium by Daniela Antona
Bulgaria by Boriana Musseva
Croatia by Alan Uzelac
Cyprus by Juliana Georgallidou Kyriakidou and Maria Afxentiou
Czech Republic by Jaroslav Kudrna and Lenka Kubická
Estonia by Georg Hiiesalu and Carri Ginter
Finland by Heikki A. Huhtamaki
France by Daniela Antona
Germany by Katharina Lugani
Greece by Eleni Tzounakou
Hungary by Arató Balázs
Ireland by Cian Kinsella
Italy by Sara Migliorini
Latvia by Sofia Kurochka, Valts Nerets, Georg Hiiesalu and Carri Ginter
Lithuania by Nedas Tamšauskas, Kazimieras Karpickis, Georg Hiiesalu and Carri Ginter
Luxembourg by Carlos Santaló Goris
Malta by Luisa Cassar Pullicino
The Netherlands by Parisa Jahan, Paul Sluijter and Marek Zilinsky
Poland by Bartosz Wołodkiewicz
Portugal by Carla Gonçalves Borges and Gonçalo Pacheco Vilela
Romania by Elena Alina Onțanu
Slovakia by Carlos Santaló Goris
Slovenia by Andrej Ekart and Tjaša Ivanc
Spain by Carlos Santaló Goris
Sweden by Albin Larsson and Magnus Berlin
Part III. The EAPO and the day after
The EAPO and the common law practice by Filip Saranovic and Julian Lagus
Concluding remarks. A synopsis of the application of the EAPO in the Member States by Nicolas Kyriakides