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The European Account Preservation Order Regulation
A Commentary

  • Date Published: March 2018
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781316879856

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About the Authors
  • The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical implications of the EAPO Regulation.

    • The unique article-by-article commentary ensures that none of the provisions of the Regulation are neglected and that all interpretative issues are addressed
    • Incorporates the views and analysis of scholars of numerous member states including Germany, France, Spain and Italy
    • Offers an in-depth analysis of two crucial issues which were not clearly addressed by the Regulation: its territorial scope and the exclusion of arbitration
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    Product details

    • Date Published: March 2018
    • format: Adobe eBook Reader
    • isbn: 9781316879856
    • contains: 1 table
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Part I. Preliminary Chapters:
    1. Introduction
    2. A brief overview of the regulation
    3. The territorial scope of the Regulation
    4. The exclusion of the arbitration
    5. The rights of the defendants under the regulation
    Part II. Commentary: Preamble:
    6. subject matter, scope and definitions
    7. Procedure for obtaining a preservation order
    8. Recognition, enforceability and enforcement of the preservation order
    9. Remedies
    10. General provisions
    11. Final provisions

  • Authors

    Gilles Cuniberti, Université du Luxembourg
    Gilles Cuniberti is Professor of Private International Law at the University of Luxembourg. He was a member of the expert group which assisted the European Commission in issuing the first draft of the EAPO Regulation and was also involved in the drafting of legislation implementing the EAPO Regulation in Luxembourg.

    Sara Migliorini, Université de Lausanne, Switzerland
    Sara Migliorini is a Senior Research Fellow in the Centre of Comparative, European and International Law at the University of Lausanne, Switzerland.

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