EUROPEAN ACCOUNT PRESERVATION ORDER PROCEDURE ORDER

EUROPEAN ACCOUNT PRESERVATION ORDER

PROCEDURE ORDER

SUBSIDIARY LEGISLATION 460.33

EUROPEAN ACCOUNT PRESERVATION

ORDER PROCEDURE ORDER

18th January, 2017

LEGAL NOTICE 72 of 2018, as amended by Legal Notice 32 of 2020.

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

Preservation Order Procedure Order.

(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.

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 obtaining the necessary information on the debtor’s account or

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

Civil Courts and Tribunals.

The authority designated as competent to receive,

transmit and serve the Preservation Order and other documents under

the EU Regulation shall be the Office of the State Advocate.

Without prejudice to any other method available at law,

EUROPEAN ACCOUNT PRESERVATION ORDER

PROCEDURE ORDER

for the purposes of Article 14 of the EU Regulation, banks are obliged

to 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

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

Regulation.

(1)

An appeal against any decision

(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

(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.