Recognition, enforceability, and enforcement of a European Account Preservation Order in Italy

This paper examines the recognition, enforceability, and enforcement of the European Account Preservation Order (EAPO) in Italy, as established by Regulation (EU) No 655/2014. It outlines the procedural framework that enables creditors in a Member State to safeguard their claims across borders by restricting debtors from accessing their bank funds. The distinction between "recognition" and "enforcement" is clarified, alongside the processes involved in executing a European Preservation Order within Italy. Key aspects discussed include the necessary documentation for enforcement, the implementation of EAPOs by Italian banks, and the process of notifying debtors. Furthermore, the paper explores the rights of third parties in contesting the enforcement of EAPOs and examines the relationship between EAPOs and national "Third Party Debt Orders." Concluding remarks highlight the implications of the EAPO Regulation for cross-border litigation and debt recovery in Italy.