What is the European Account Preservation Order (EAPO)?
The EAPO was created by Regulation (EU) 655/2014, applicable since 18 January 2017 in all EU member states (except Denmark). It allows a creditor based in one EU country to obtain a court order freezing the bank accounts of a debtor in another EU country — without giving advance notice to the debtor. The element of surprise is decisive: the debtor cannot move funds before the freeze takes effect.
For an EU creditor with a debtor in France, the EAPO is filed before the French Juge de l'Exécution (Enforcement Judge). The order is then served on the French banks via the Bank of France's central account database (FICOBA). All bank accounts of the debtor in France are frozen up to the amount of the claim.
The EAPO is open to creditors based in any EU member state (and through bilateral arrangements to Iceland, Liechtenstein, Norway and Switzerland for some uses). UK creditors lost EAPO access after Brexit and must now use French national procedures (saisie conservatoire).
The EAPO is granted only if (i) you can show plausible grounds for the claim's existence and (ii) there is a real risk that subsequent enforcement will be jeopardised without the order (debtor is moving assets, has multiple unpaid creditors, is showing signs of insolvency, etc.). The court reviews this on the papers, in 24-72 hours typically.
Procedure in front of the French Enforcement Judge
to D+3
- Petition assembly — claim documents, evidence of dissipation risk, debtor's bank details (or known banking relationships).
- Bank-account search — if you don't know which banks the debtor uses, the EAPO regulation provides a parallel mechanism to obtain this information from the French Bank of France via the Enforcement Judge.
- Petition filed at the French Enforcement Judge (territorially competent for the debtor's headquarters).
- Court order typically issued within 24-72 hours. No hearing, no debtor summoned — pure ex-parte procedure.
- Service on the bank by a French judicial officer. Funds are frozen immediately up to the amount specified in the order.
- Notice to the debtor within 8 days. The debtor can challenge the order before the same judge — but cannot move the frozen funds in the meantime.
- Merits action must be initiated within 30 days (in France, typically a payment order or summary judgment). Without merits action, the freeze lapses.
- Conversion to garnishment once you have an enforceable judgment: the frozen funds are transferred to you.
EAPO vs French saisie conservatoire — which to choose?
- If you are an EU creditor (excluding UK post-Brexit): both work. EAPO has the advantage of being directly enforceable in other EU countries if you ever need to extend the freeze beyond France. French saisie conservatoire is faster to negotiate domestically and slightly more flexible on conditions.
- If you are a UK / US / Canadian creditor: EAPO is not available. You use the French saisie conservatoire exclusively. We pilot the procedure on your behalf — your nationality of business does not matter, only the location of the debtor's assets does.
- If the debtor has assets in multiple EU countries: EAPO wins decisively. One application, one order, enforceable across the EU.
Frequently asked questions
Our attorney fee depends on the complexity of the case and the urgency, typically between €1,500 and €3,500 ex VAT for the EAPO petition and immediate enforcement. Court fees and judicial-officer fees apply in addition. A flat fee or pre-engagement letter is always provided before any work starts.
Yes. The EAPO regulation explicitly provides for a parallel mechanism: the creditor can request the French Enforcement Judge to obtain the debtor's account information from the Bank of France's FICOBA database. We handle this request as part of the procedure.
Unfortunately no — the UK ceased to be eligible after Brexit. UK creditors against French debtors must use the French national saisie conservatoire procedure, which we routinely handle. The substantive protection is similar; the procedural formalities differ.
This is fact-specific. Strong indicators include: the debtor has reorganised or transferred assets recently, multiple unpaid creditors are visible in public registries (BODACC), the debtor has missed several formal notices, there are signs of imminent insolvency, or the debtor is facing publicised litigation. We assess and document this rigorously: a poorly motivated petition is the single biggest risk to a successful EAPO.
Yes. Once notified, the debtor can challenge before the same court. Our role is to draft the petition robustly enough that it survives challenge, and to defend it if challenged. A well-drafted EAPO survives most challenges; a hastily drafted one can be lifted, exposing you to damages and giving the debtor advance warning.
Yes — all bank accounts of the debtor in France can be frozen, up to the total amount specified in the order. If the funds are insufficient on one account, the freeze applies to the next. Beyond bank accounts, we can also use complementary French procedures (saisie conservatoire on movable assets, on receivables held by third parties) to maximise coverage.
For a debtor who is a natural person, French law leaves a "non-attachable bank balance" (SBI) on the account, equivalent to the monthly RSA welfare amount (~€635 in 2026). For corporate debtors, no minimum balance is protected: the entire account balance can be frozen up to the claim amount.
Realistic timeline: 5-7 business days from instruction to active freeze on the debtor's accounts. The petition itself takes 24-72 hours of court review. Service by the judicial officer is typically same-day or next-day after the order is issued.
The freeze itself does not transfer money to you — it only secures it. To actually be paid, you need an enforceable judgment (e.g. a payment order, a summary judgment, or a merits judgment), which we obtain in parallel. Once the enforceable judgment is in hand, the freeze is converted into garnishment (saisie-attribution) and the funds are transferred. End-to-end timeline: 3-6 months.
The debtor can request a release of part of the freeze if they prove that the frozen amount exceeds the secured claim. They can also obtain a release by paying the secured amount, providing a bank guarantee, or providing alternative security. Our job is to monitor and respond to such requests on your behalf.
Apply for an EAPO
Submit your case — urgent files reviewed within 1 business hour.
Reply within 1 business hour