The European Commission is still examining different options subject to the on-going Impact Assessment study and could come forward with concrete proposals in this field in the first half of 2011. The most preferred option appears to be a new self-standing European procedure: a European Bank Attachment Order. Commissioner Reding in charge of the new EU Justice portfolio is alarmed that only around 37% of cross-border debt can be recovered today. What will this mean for the Overindebted?
http://ec.europa.eu/civiljustice/news/whatsnew_en.htm
02/07/2010
Results of the public hearing on improving the enforcement of judgments and facilitating cross-border debt recovery
The European Commission organised a public hearing on improving the enforcement of judgments and facilitating cross-border debt recovery on 1 June 2010, in Brussels. 84 participants representing ministries of justice, judicial authorities, law firms, bailiffs, academics, banks, businesses and citizens' groups were registered to this event. Speakers were all eminent experts in their field, coming from various countries and organisations. As a result the hearing provided stakeholders with an opportunity to express their opinion on existing problems in these areas and the possible solutions to these problems.
The hearing was part of an on-going consultation process. It followed the publication of two Commission Green Papers on the attachment of bank accounts and on the transparency of assets, issued in 2006 and 2008. It broadly showed that more data was needed to substantiate the definition of the problem of unpaid debt in the EU. The debate on the policy options had indicated a consensus in favour of a free-standing European bank attachment order although many details were still to be decided as to the conditions for and the effects of such order. Furthermore some consistency of the European procedure with existing national enforcement schemes is to be sought.
Documents:
- Agenda (PDF File 78 KB)
- Key note address by Mr. Martin Selmayr, Head of Cabinet of Vice-President Reding (PDF File 17 KB)
- Closure speech by Ms Salla Saastamoinen, European Commission, DG JLS, Head of Unit Civil Justice (PDF File 20 KB)
Presentations:
12/04/2010
Public hearing on improving the enforcement of judgments through the attachment of bank accounts
The European Commission is organising a public hearing on improving the enforcement of judgments through the attachment of bank accounts on 1 June 2010, in Brussels. The purpose of this hearing is to offer to stakeholders an opportunity to express their opinion on existing problems in these areas and the possible solutions to these problems.
The hearing, which is open to all interested parties, is part of an on-going consultation process. It follows the publication of two Green Papers on the attachment of bank accounts and on the transparency of assets, issued in 2006 and 2008.
Interested parties must register by 10 May 2010. The number of participants is restricted, and will be accepted in order of registration.
The Commission does not cover any travel and accommodation costs of participants.
To obtain more information, please consult the following documents:
06/03/2008
The European Commission adopts a Green Paper "Effective Enforcement of judgments in the European Union: The Transparency of Debtors assets"
The European Commission adopted on the 06 March 2008 a Green Paper on Transparency of Debtors assets with the aim to launching a broad consultation among interested parties on how to improve the transparency of debtor's assets in the European Union.
22/01/2008
Attachment of Bank Accounts - replies to the Green paper
In October 2006, the Commission published a Green Paper "Improving the efficiency of the enforcement of judgments in the European Union: the Attachment of Bank Accounts", which was followed by a public consultation.
67 replies were received. A summary of the replies to the Green paper is now available:
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