Books Developments in PIL Scholarship

New Commentary on the EAPO Regulation

L’ordonnance européenne de saisie conservatoire des comptes bancairesGilles Cuniberti (University of Luxembourg) and Sara Migliorini (University of Macau) have published a commentary in French on Regulation 655/2014 establishing a European Account Preservation Order (EAPO).

The book offers a comprehensive article per article commentary of the EAPO Regulation with a focus on its implementation and operation in the three French speaking Members States of the EU, Belgium, France and Luxembourg. Some aspects of the implementation of the Regulation are addressed by implementing legislation, which the book reproduces and discusses.

On certain issues, the implementation of the Regulation has varied a great deal in these three countries (and more widely in the EU).

An interesting example is the information gathering remedy which Article 14 of the EAPO Regulation requires all Member States to establish. Each Member State is meant to offer a procedure for finding information on bank accounts that the debtor might hold in the relevant Member State. France already had such procedure that it simply made applicable in the context of the EAPO Regulation. In contrast, no such procedure existed in Luxembourg and Belgium. Luxembourg established one for the purpose of the Regulation. So did Belgium, but it did not limit the scope of the said procedure to request made under Article 14 and has introduced a new remedy in Belgian law available outside the scope of the EAPO Regulation.

More information on the book can be found here. The table of contents is available here.

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