Changes for a Dutch creditor to recover cross-border claims in the European Union

The new European regulation no. 655/2014 (the Regulation) that facilitates cross-border depth recovery in civil and commercial matters, came into force on 18 January 2017. This regulation aims to simplify the procedure to be taken by creditors to impose prejudgment attachment on bank accounts in all member states of the European Union, excluding the United Kingdom and Denmark.

Creditors now only have to fill in a standard form and apply for an EAPO (for Dutch creditors: with the Dutch court) in order to attach bank accounts and recover their cross-border claims. The differences between the pre-EAPO situation and current situation in the Netherlands are explained below.





The court may decide that the creditor must provide security.

Creditor must provide security to ensure that the debtor can be compensated at a later stage for any damage caused to him by the EAPO

Amount claim

The entire amount on the bank account of the debtor may be attached before judgment.

The bank account may only be attached before judgment for the amount stated in the EAPO.


To attach a bank account before judgment of a debtor in another member state, the creditor must impose a judgment in the country of residence/incorporation of the debtor. With respect to attachment procedures, the creditor does not have to prove that there exists a so-called “fear of embezzlement”.

Creditor has to prove to the Dutch court that (i) there is an urgent need for a protective measure in the form of an EAPO and (ii) he is likely to succeed on the substance of his claim against the debtor.


Debtor can only bring an action for the lifting of an attachment against the creditor with the Dutch judge in preliminary relief proceedings.

Debtor has the right to appeal against the attachment on the bank account. The EAPO shall be revoked or, where applicable, modified if the conditions in article 33 of the Regulation have not been met.

Request for information

Creditors attach bank accounts before judgement with all major banks in order to “hit” a bank holding the debtor’s account.

If the creditor became entitled to enforcement, he may request the court with which the application for the EAPO is lodged to request the information necessary to allow the bank or banks and the debtor’s account or accounts to be identified from the relevant information authority.

Third-party statement

The bank has to inform the creditor if the debtor’s account has been preserved within 4 weeks after the attachment before judgment.

After three days, the bank has to issue a  third-party statement – to inform the creditor whether and to what extent the funds in the debtor’s account or accounts have been preserved.