European Account Preservation Order for bank accounts

Regulation (EU) No 655/2014 of 15 May 2014 established the European Account Preservation for bank accounts (European Account Preservation Order for bank accounts).

The European Account Preservation Order (EAPO) lets a court in one EU country freeze funds in the bank account of a debtor in another EU country. The procedure may be used in cross-border cases only, whereby the court carrying out the procedure or the country of domicile of the creditor must be in a different Member State than the one in which the debtor's account is maintained.

In the Republic of Estonia from the 18th of January 2017 according to Article 14 of Regulation (EU) No 655/2014 of the European Parliament and of the Council the Chamber of Bailiffs and Trustees in Bankruptcy shall be competent to obtain account information (Bailiffs Act § 78¹ section 1)

According to Article 14 of the EAPO, applications for obtaining information on bank accounts in the competent foreign courts should be directed either in Estonian or in English to the following address:

Chamber of Bailiffs and Trustees in Bankruptcy

Parda 4, 10151 Tallinn Estonia

Phone: +372 64 63 773

E-mail: info[a]kpkoda.ee

A European account preservation order made pursuant to 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 (OJ L 189, 27.06.2014, pp. 59-92) is subject to implementation in enforcement proceedings in Estonia and the provisions concerning enforcement proceedings of rulings on securing actions apply in Estonia to debtor’s legal remedies insofar as not otherwise provided for in Regulation (EU) No 655/2014 of the European Parliament and of the Council (Code of Enforcement Procedure § 11¹ section 1).

Upon review of a request for obtaining information provided for in Article 14 of the Regulation specified in subsection (1) of this section, the performance of acts of an information authority is for a fee. Upon submission of a request provided for in Article 14 of the Regulation specified in subsection (1) of this section, the person filing a request shall pay 20 euros to the Chamber’s bank account (EE821010220113742012). Until collection of the fee, the Chamber shall not be required to perform the acts of an information authority upon review of a request for obtaining information. The Chamber shall perform the acts connected with obtaining information without delay (Bailiffs Act § 78¹ sections 1-5).

Provisions concerning the execution of a ruling for securing an action filed for securing a non-monetary claim shall be applied to the size, payment and collection of basic fee payable for the execution of a Preservation Order on the basis of 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 (OJ L 189, 27.06.2014, p 59–92) (Bailiffs Act § 38 section 6).  If a ruling for securing an action concerns a non-monetary claim or the value of the action has not been determined or is unspecified, and in the case of enforcement of a ruling for revocation of securing an action or enforcement of a judgment, the bailiff's fee shall be 92 euros (Bailiffs Act § 38 section 2).

Pursuant to Article 34(1) and Article 35(4) of Regulation (EU) No 655/2014 of the European Parliament and of the Council, a bailiff is competent to implement legal remedies (Code of Enforcement Procedure § 11¹ section 9). Pursuant to Article 4(14) of Regulation (EU) No 655/2014 of the European Parliament and of the Council, a bailiff is competent pursuant to Article 23(3), (5) and (6), Article 25(3), Article 27(2), Article 28(3) and second paragraph of Article 36(5) to receive, transmit and serve documents. (Code of Enforcement Procedure § 11¹ section 10).

More information is available on the website in Estonian language

https://e-justice.europa.eu/content_european_account_preservation_order-379-ee-et.do?member=1

and in English at

https://e-justice.europa.eu/content_european_account_preservation_order-379-ee-en.do?init=true&member=1

Application forms are available in Estonian at the address

https://e-justice.europa.eu/content_european_account_preservation_order_forms-378-et.do?clang=et    

and available in English at

https://e-justice.europa.eu/dynform_intro_form_action.do?idTaxonomy=378&plang=en&init=true&refresh=1

Contact person in Chamber of Bailiffs and Trustees in Bankruptcy is advisor Mr Jaan Lõõnik (nouded[a]kpkoda.ee).