European Account Preservation Orders
European Account Preservation Orders

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • European Account Preservation Orders
  • Introducing European Account Preservation Orders (EAPOs)
  • UK and EAPO
  • Impact of Brexit
  • What is an EAPO?
  • Scope of the EAPO
  • Availability of a preservation order
  • Requirements for issuing an EAPO
  • Application for an EAPO
  • Security Requirements
  • more

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, does not have implications for practitioners as the UK had opted out of this regulation.

Introducing European Account Preservation Orders (EAPOs)

On 17 July 2014, a new regulation establishing a European Account Preservation Order or EAPO came into force and has applied since 18 January 2017. This is Regulation (EU) 655/2014, the EAPO Regulation.

On 10 October 2016, a Commission Implementing regulation, Regulation (EU) 2016/1823, established and includes the forms referred to in Regulation (EU) 655/2014, the EAPO Regulation which are to be used for the EAOP procedure

Regulation (EU) 655/2014, the EAPO Regulation aims to establish a procedure to enable creditors in cross-border disputes to obtain protective orders to prevent the withdrawal or transfer of funds held by a defendant in a bank account located in the EU. It applies to claims for the payment of a sum of money, and in common with other EU instruments in the area of civil judicial cooperation, it would not extend to certain dispute types. The intention is to avoid the need for any intervention by other EU Member State courts.

UK and EAPO

The UK government announced in late 2011 that it would not opt-in initially, but would participate in negotiations relating to the Regulation (EU) 655/2014,