{"id":16567,"date":"2026-03-25T19:37:51","date_gmt":"2026-03-25T18:37:51","guid":{"rendered":"https:\/\/www.white-baos.com\/?p=16567"},"modified":"2026-03-25T19:37:55","modified_gmt":"2026-03-25T18:37:55","slug":"recovering-debts-across-eu-countries","status":"publish","type":"post","link":"https:\/\/www.white-baos.com\/en\/recovering-debts-across-eu-countries\/","title":{"rendered":"Recovering debts across EU countries. The European Account Preservation Order. Legal advice."},"content":{"rendered":"\n
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SUMMARY OF THE ARTICLE<\/u><\/em><\/p>\n\n\n\n

1.- What is the European Account Preservation Order (EAPO).<\/u><\/em><\/p>\n\n\n\n

It is a mechanism regulated by Regulation (EU) No 655\/2014. It allows a creditor to freeze the debtor\u2019s funds in bank accounts located in another EU country. It only applies in cross-border cases, meaning the creditor or the court must be in a different country than the debtor\u2019s bank.<\/em><\/p>\n\n\n\n

2.- How debt recovery works in the EU.<\/u><\/em><\/p>\n\n\n\n

The creditor applies for an EAPO at a Spanish court. If the requirements are met, the court issues the order and sends it to the foreign bank. The debtor\u2019s funds are frozen while the claim is processed, although the debtor may challenge the freeze.<\/em><\/p>\n\n\n\n

3.- Benefits and limitations for the creditor.<\/u><\/em><\/p>\n\n\n\n

Benefits: speed, efficiency, legal certainty, and higher likelihood of debt recovery.
Limitations: not all EU countries apply it (e.g., Denmark), and a court order or proof of debt is required. It is especially useful when there is a risk that the debtor may disperse or hide assets in other Member States.<\/em><\/p>\n\n\n\n


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When a debtor has no assets in Spain, getting your money back can feel almost impossible. However, the situation changes if the debtor has bank accounts or assets in another EU country. In these cases, as a creditor, you are not left unprotected: it is possible to carry out Recovering debts across EU countries<\/a>. This week, we take a look at the European Account Preservation Order (OERC), a powerful tool that allows you to freeze funds in banks located in another EU member state, helping you secure the recovery of your debt.<\/p>\n\n\n\n

What is the European Account Preservation Order (EAPO)?<\/u><\/strong><\/h2>\n\n\n\n

The EAPO, regulated by Regulation (EU) No 655\/2014<\/a>, allows a creditor to take action for Recovering debts across EU countries. How? By blocking the debtor\u2019s funds in foreign bank accounts held in any EU member state. The EAPO only applies in cross-border situations: the court handling the case or the creditor\u2019s residence must be in a country different from where the debtor holds the account.<\/p>\n\n\n\n

How does Recovering debts across EU countries work?.<\/u><\/strong><\/h2>\n\n\n\n

The creditor starts by applying to a Spanish court, which evaluates the application. If the application meets all requirements, the court will issue the European Account Preservation Order. Once issued, the order is sent to the country where the debtor\u2019s bank is located, and the bank is legally obliged to comply.<\/p>\n\n\n\n

The result: the debtor\u2019s funds are frozen, preventing them from being transferred or hidden while the claim proceeds. However, at the same time, debtors retain the right to defend themselves. Meaning they can challenge the account freeze before the authorities in the country where the account is located.<\/p>\n\n\n\n

Key features and limitations of the EAPO.<\/u><\/strong><\/h2>\n\n\n\n

The European Account Preservation Order<\/a> allows a creditor to freeze funds in banks in another EU country, ensuring that the money cannot disappear while the debt claim is pending. Although the funds are not automatically transferred, the EAPO guarantees that the assets will be available for collection once the judicial process advances. This is especially useful when there is a risk that the debtor may move or hide their assets in other EU countries.<\/p>\n\n\n\n

However, not all EU countries apply this mechanism\u2014Denmark<\/a>, for example, is excluded. In addition, to request an EAPO, the creditor must hold an enforceable judgment or otherwise sufficiently prove the existence of the debt.<\/p>\n\n\n\n

Advantages for creditors in Recovering debts across EU countries.<\/u><\/strong><\/h2>\n\n\n\n

The EAPO offers several advantages:<\/p>\n\n\n\n