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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 a debtor's bank accounts held 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.

If you have no judgment yet, the EAPO is filed in the country whose courts have jurisdiction over the claim itself (art. 6) — normally France for a French debtor company, unless a valid clause designates another court — and in France before the French Juge de l'Exécution (Enforcement Judge). With a judgment, apply where it was given. The order is then served on the debtor's banks by a French judicial officer (commissaire de justice). The debtor's accounts at those banks are frozen up to the amount stated in the order.

Available to EU creditors (except Denmark)

The EAPO is open to creditors based in any EU member state except Denmark. It is not available to creditors based in Iceland, Liechtenstein, Norway or Switzerland. UK creditors cannot use it either and must use French national procedures (saisie conservatoire).

Strict conditions apply

The EAPO is granted only if (i) there is an urgent need for it: a real risk that subsequent enforcement will be impeded or made substantially more difficult without the order (debtor is moving assets, has multiple unpaid creditors, is showing signs of insolvency, etc.) and (ii) where you do not yet hold a judgment, court settlement or authentic instrument, you show the court you are likely to succeed on the substance of your claim. In that case the court must in principle also require you to provide security (art. 12). It usually decides on the papers and must give its decision by the end of the tenth working day after the application (fifth if you already hold a judgment) (art. 18).

Procedure in front of the French Enforcement Judge

EAPO timeline (in France)
D0
Petition filed
Up to
10 working days
Court decision (art. 18)
Then
Order served on banks
A few
working days
Service on debtor begins (art. 25 and 28)
D+30
Merits action launched
  1. Petition assembly — claim documents, evidence of dissipation risk, debtor's bank details (or known banking relationships).
  2. Bank-account search — if you already hold an enforceable judgment, court settlement or authentic instrument but don't know which banks the debtor uses, the EAPO regulation (art. 14) lets the court hearing your EAPO application have this information obtained by a French judicial officer (commissaire de justice), who searches FICOBA, the national bank-account register kept by the tax administration.
  3. Petition filed at the competent French Enforcement Judge.
  4. Court order: without a prior judgment, the court must decide by the end of the tenth working day after the application (fifth with a judgment), and issues the order once any required security is provided. The debtor is neither notified nor heard beforehand — ex-parte procedure (art. 11).
  5. Service on the bank by a French judicial officer. Funds are frozen immediately up to the amount specified in the order.
  6. Notice to the debtor once the banks have confirmed the freeze: service must start by the end of the third working day after that confirmation is received (art. 28 of the regulation). The debtor can challenge the order before the same judge — but cannot move the frozen funds in the meantime.
  7. Merits action must be initiated (in France, typically a payment order or summary judgment) within 30 days of filing the application or 14 days of the order, whichever is later. Proof must reach the court that issued the order within the same time. Without merits action, the freeze lapses.
  8. Conversion to garnishment once you have an enforceable judgment: the frozen funds are transferred to you.

EAPO vs French saisie conservatoire — which to choose?

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.

Only if you already hold a judgment, court settlement or authentic instrument against the debtor (one that is not yet enforceable qualifies only under strict conditions). The EAPO regulation (art. 14) then lets you ask the court hearing your EAPO application to have the debtor's accounts identified by a French judicial officer (commissaire de justice), who searches FICOBA, the national bank-account register kept by the tax administration. Without such a decision, the French saisie conservatoire is the better route: once a judge authorises a freeze on bank accounts, the judicial officer can search FICOBA to find them. We handle this as part of the procedure.

Unfortunately no — the UK never took part in the EAPO regulation, before or 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, several other creditors of the debtor are known to be unpaid, 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.

Not automatically. It covers the debtor's accounts at the banks named in the order — those identified in your application or found through the art. 14 search — 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, equal to the monthly RSA welfare amount for a single person (€651.69 since 1 April 2026). For corporate debtors, no minimum balance is protected: the entire account balance can be frozen, up to the amount stated in the order.

Timing depends mainly on the court. Without a prior judgment, the regulation requires it to decide by the end of the tenth working day after the application (fifth with a judgment); if it requires security, the order is issued once security is provided. Service on the banks by the judicial officer usually follows within a few days.

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.

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