La futura orden europea de retención de cuentas para simplificar el cobro transfronterizo de deudas en materia civil y mercantil

Abstract

The future European Account Preservation Orden has been created in order to deal with the problems arising because of the diversity of the procedural laws of the Member States and the present regulation of provisional measures in the Brussels Regulation, which make the enforcement on the debtor’s assets in cross-border disputes difficult. The European Account Preservation Order is a provisional measure with effects in rem which is adopted without a prior hearing of the debtor. In the Regulation’s Proposal, which also deals with the procedure for the adoption and the enforcement of the Order, reference is made to the respective national laws for cuestions in which they strongly differ. This instrument must be considered in relation with the new regulation of provisional measures in the Revision of the Brussels I Regulation, which may render the present project less interesting.