72 tal-2018

L.N. 72 of 2018

EUROPEAN UNION ACT

(CAP. 460)

European Account Preservation Order Procedure Order, 2018

IN EXERCICE of the powers conferred by article 4(2) of the

European Union Act, the Prime Minister has made the following

Order: -

(1) The title of this Order is the European Account

Preservation Order Procedure Order, 2018.

(2) This Order implements the provisions 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.

(3) This Order shall be deemed to have come into force on

18th January, 2017.

In this Order, unless the context otherwise requires

"the Code" means the Code of Organization and Civil

Procedure;

"person" means a natural or legal person and includes a

body or other association of persons whether granted legal

personality, in accordance with the provisions of the Second

Schedule to the Civil Code;

"Preservation Order"

means

a

European

Account

Preservation Order

Provided that any terms not defined in this Order

shall have the same meaning as assigned to them in the EU

Regulation;

"EU Regulation" 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.

The First Hall Civil Court shall have jurisdiction to issue a

Preservation Order under Article 6 of the EU Regulation.

The authority designated as competent for the purposes of Information

obtaining the necessary information on the debtor’s account or authority.

accounts pursuant to Article 14 of the EU Regulation is the Registrar,

Civil Courts and Tribunals.

The authority designated as competent to receive, transmit Competent

and serve the Preservation Order and other documents under the EU authority.

Regulation shall be the Office of the Attorney General.

Without prejudice to any other method available at law, for Disclosure of

the purposes of Article 14 of the EU Regulation, banks are obliged to bank

details.

disclose, upon request by the information authority, whether a person

holds an account with them.

The First Hall of the Civil Court shall have jurisdiction to Competent

grant a remedy in terms of Articles 33(1), 34(1) or 34(2) of the EU court

remedy to the

Regulation.

debtor.

(1)

An appeal against any decision

Appeals.

(a)

of the First Hall of the Civil Court rejecting, wholly

or partially, an application for a Preservation Order under article

3, shall, according to Article 21 of the EU Regulation, lie to the

Court of Appeal

Provided that such an appeal shall only be available

to the creditor; and

(b) pursuant to Articles 33, 34 or 35 of the EU

Regulation, shall, according to the provisions of Article 37 of

the EU Regulation, also lie to the Court of Appeal.

(2) Appeals in terms of article (1)(b) shall be lodged within six

(6) days from when the decision is read out in open court.

The fees applicable for the filing of

Fees.

(a)

an application for a Preservation Order shall be

those established in paragraph 3 of Tariff D in Schedule A of the

Code;

(b) an application made in terms of article 7 shall be

those established in paragraph 4(4) of Tariff A in Schedule A of

the Code;

(c)

an appeal from any decision of the First Hall of the

Civil Court, shall be those established in paragraph 3(7) of

Tariff A in Schedule A of the Code; and

(d) every notification of an act of procedure, including

expenses incurred in the execution of such notification, the fees

shall be those established in paragraph 6 of Tariff A in

Schedule A of the Code.

€0.27