INHALT

Commission Implementing Regulation (EU) 2016/1823 of 10 October 2016 establishing the forms referred to in Regulation (EU) No 655/2014 of the European Parliament and of the Council establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters

COMMISSION IMPLEMENTING REGULATION (EU) 2016/1823
of 10 October 2016
establishing the forms referred to in Regulation (EU) No 655/2014 of the European Parliament and of the Council establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters
Article 1
Article 2
ANNEX I
Application for a European Account Preservation Order
IMPORTANT INFORMATION
Language
Supporting documents
Country codes
1.
Court
1.
Court before which you are lodging your application
2.
Creditor
2.
Creditor's details
3.
Debtor
3.
Debtor's details
4.
Cross-border nature of the case
4.
Cross-border nature of the case
5.
Jurisdiction
5.
On what ground do you consider the court to have jurisdiction?
6.
Details of the debtor's bank account
6.
Details of the debtor's bank account
7.
Request for the obtaining of account information
7.
Request for the obtaining of account information
8.
Existing judgment, court settlement or authentic instrument
8.
Details concerning an existing judgment, court settlement or authentic instrument
9.
Amount and grounds of the claim (not to be filled in if you filled in section 8)
9.
Amount and grounds of the claim
10.
Reasons for seeking a Preservation Order
10.
Reasons for seeking a Preservation Order
11.
Security
11.
Reasons for being exempt from the provision of security
12.
Evidence
12.
List of evidence
13.
Other courts seized with an application for protective measures
13.
Details of any national protective measures obtained or applied for
14.
Creditor's bank account
14.
Details of creditor's bank account
15.
Date and signature
ANNEX II
European Account Preservation Order — Part A
Country codes
1.
Court of origin
2.
Creditor
3.
Debtor
4.
Date and reference of the Preservation Order
5.
Bank account(s) to be preserved
(1)
6.
Amount to be preserved
European Account Preservation Order — Part B
8
.
Details of the amount to be preserved
(supplementing section 6 of Part A of the Preservation Order)
9.
Security provided by the creditor
10.
Initiation of proceedings on the substance of the matter (please fill in if applicable)
11.
Translations (please fill in if applicable)
12.
Costs
(
*
)
13.
Important information for the creditor (please tick the relevant box(es) if applicable)
14.
Important information for the debtor
ANNEX III
Revocation of a European Account Preservation Order
Country codes
Case number:
1.
Court revoking the Preservation Order
2.
Date and reference of the Preservation Order
3.
Creditor
4.
Debtor
5.
Revocation or termination of the Preservation Order
ANNEX IV
Declaration concerning the preservation of funds
IMPORTANT INFORMATION
Country codes
1.
Court that issued the Preservation Order
2.
The Preservation Order
3.
Creditor
4.
Debtor
5
Preserved funds
ANNEX V
Request to release over-preserved amounts
IMPORTANT INFORMATION
Language
Country codes
1.
European Account Preservation Order
2.
Creditor
3.
Debtor
4.
Competent authority of the Member State of enforcement to which the request is addressed
5.
Request to release over-preserved amounts
ANNEX VI
Acknowledgment of receipt
IMPORTANT INFORMATION
Country codes
1.
The court or authority that received the document(s)
3.
The authority, creditor or bank that transmitted the document(s)
4. (Please fill in if applicable)
The language of the document(s) received is incorrect.
ANNEX VII
Application for a remedy
IMPORTANT INFORMATION
Language
Supporting documents
Country codes
Application for a remedy
1.
Court or authority with which the application for the remedy is lodged
2.
The applicant for the remedy
3.
The other party
(2)
4.
Court that issued the Preservation Order (to be filled in only if different from the court with which the application for the remedy is lodged as referred to in section 1)
5.
The Preservation Order
6.
Application for a remedy in the Member State of origin
7.
Application for a remedy in the Member State of enforcement
8.
Evidence
ANNEX VIII
Transmission of a decision on a remedy to the Member State of enforcement
Country codes
1.
European Account Preservation Order (‘the Preservation Order’):
2.
Court that issued the Preservation Order
3.
Court that issued the decision on the remedy (to be filled in only if different from the court (referred to in section 2) that has issued the Preservation Order)
4.
Applicant (for the remedy)
5.
The other party
(2)
6.
Decision of the court on the remedy
ANNEX IX
Appeal against a decision on a remedy
IMPORTANT INFORMATION
Language
Supporting documents
Country codes
1.
Court at which the appeal is lodged
2.
Applicant for an appeal
3.
The other party
4.
Court that issued the Preservation Order
5.
The Preservation Order
6.
Court or competent enforcement authority that issued the decision on the remedy
(not to be filled in if the court is the same as the court (referred to in section 4) that issued the Preservation Order)
7. The decision on the remedy:
8. Application for an appeal against the decision on the remedy
9. Evidence