C-291/21, Starkinvest. Can a European Account Preservation Order be employed to secure a penalty payment?

Abstract

In case C-291/21, Starkintest, the CJEU examined whether a judgment establishing a penalty order was a valid enforceable title to apply for an EAPO intended to secure an amount due to because of a penalty payment. When applying for an EAPO, creditors have to prove the likelihood to success on the substance of their claim or fumus boni iuris, unless they have an enforceable title. The CJEU found that the judgment establishing the penalty order was not a valid title that would prevent the creditor from satisfying the fumus boni iuris. Nonetheless, at the same time, the CJEU confirmed that the EAPO could be used to secure claims arising from a penalty payment, even if there is not a specific provision addressing it as in the Brussels I bis Regulation.