Издаване на европейска заповед за запор на банкова сметка в практиката на българските съдилища
Granting of a European Bank Account Freezing Injunction in the Practice of Bulgarian courts

Summary/Abstract: Regulation (EU) No 655/2014 of the European Parliament and of the Council of May 15th, 2014 creating a European Account Freezing Injunction procedure to facilitate cross-border debt recovery in civil and commercial matters provides for a single autonomous procedure for issuance and execution of a European injunction for the freezing of bank accounts. Upon its adoption, the Community legislature considered the need to introduce a directly applicable legal instrument for the purpose of the efficient and rapid freezing of bank accounts due to the significant difference in the conditions and effectiveness of the implementation of national interim measures and their cumbersome nature in cases with cross-border consequences. The application of the Regulation in conjunction with the provisions of Chapter fifty-six „a“ of the Civil Procedure Code poses a challenge to both the legal theory and the jurisprudence. This report aims to create a discussion and commentary regarding some of the problems that arise before the current case law of Bulgarian courts in applying the unified European procedure for granting a European injunction for the freezing of bank accounts, established by Regulation (EU) No 655/2014 and the rules of chapter fifty-six „a“ of the Civil Procedure Code – Art. 618a to Art. 618e of it. The validity of the problems analysed is conditioned by the need to ensure the correct application of the Community procedure for granting a freezing injunction that is to be enforced on the territory of other Member States of the European Union without a special procedure for recognition and without granting a declaration of enforceability. The task of this study is to analyse the available national case law on granting a European bank account freezing injunction and to present some proposals for its unification.

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