Freeze an EU customer’s bank account: the European Account Preservation Order

What the order does

The order freezes funds in the bank account of the debtor, up to the amount of the claim. The court decides on the application of the creditor alone; the debtor is informed after the bank has frozen the account (Article 11). The regulation calls this the surprise effect.

The bank declares within three working days what it has frozen (Article 25(1)), and the order is then served on the debtor (Article 28). The European order is an alternative to the preservation measures of national law (Article 1(2)). The forms are set by Implementing Regulation (EU) 2016/1823; court fees are national.

Who can apply: the domicile of the creditor

A creditor is a natural person, a legal person or another entity domiciled in a member state bound by the regulation (Article 4(6)). The order is available only to creditors domiciled in such a member state (recital 48). Denmark is outside the regulation.

For a company, domicile is where it has its statutory seat, its central administration or its principal place of business (Brussels I bis Regulation (EU) 1215/2012, Article 63(1), applied through Article 4(15)). A Dutch BV has its statutory seat in the Netherlands, so it is domiciled in the Netherlands, also when its owners are outside the EU.

The case must be cross-border: the bank account is in a member state other than the member state of the court or the member state of the creditor (Article 3(1)). A Dutch company and a German account meet this test.

When and on what conditions

The creditor can apply before court proceedings, during them, or after a judgment, a court settlement or an authentic instrument (Article 5).

The creditor shows a real risk that enforcement of the claim will be impeded or made substantially more difficult (Article 7(1)). Before a judgment, the creditor also shows that it is likely to succeed on the substance of the claim (Article 7(2)). After an order obtained before proceedings, the main case starts within 30 days of the application or 14 days of the order, whichever is later (Article 10(1)).

Before a judgment, the court requires security from the creditor to cover damage to the debtor, and waives it only by way of exception; after a judgment it may require security (Article 12). The creditor is liable for damage caused to the debtor by the order through its own fault (Article 13(1)). The court decides within 10 working days before a judgment and within 5 working days after one (Article 18).

With an enforceable judgment, court settlement or authentic instrument, the creditor can ask the court to search for the bank accounts of the debtor. With a judgment that is still to become enforceable, this is possible when the amount is substantial and the matter urgent (Article 14). Before a judgment, the creditor needs to know the bank of the debtor.

Where to apply

Before a judgment, the application is filed with the courts that have jurisdiction on the substance of the claim (Article 6(1)); after a judgment, to the courts of the member state that gave it (Article 6(3)). A choice of court in your contract works whatever the domicile of the parties (Brussels I bis, Article 25(1)). For the sale of goods, the place of delivery also gives jurisdiction (Article 7(1)(b)).

In the Netherlands the application is filed with the interim relief judge of the district court (voorzieningenrechter van de rechtbank). In Germany it is filed with the court of the main case (Gericht der Hauptsache, section 946(1) of the German Code of Civil Procedure). With a Dutch court clause in your contracts, the Dutch company applies in the Netherlands.

An English-language court and enforcement across the EU

The Netherlands Commercial Court (NCC) in Amsterdam has heard international commercial cases in English since 1 January 2019, with judgments in English. It needs an express written agreement of the parties to litigate before the NCC, the jurisdiction of the Amsterdam court, and an international civil or commercial matter. The summary proceedings judge of the NCC also hears applications for the European order in NCC cases.

A Dutch judgment is recognised in every other EU country automatically and is directly enforceable there (Brussels I bis, Articles 36(1) and 39).

Set it up before you need it

• Sell through the Dutch company: the contract, the delivery and the invoice in its name.
• General terms under Dutch law, with a Dutch court as the chosen court. For the Netherlands Commercial Court, both parties sign an express written agreement on it, for example a clause in the contract itself.
• A Dutch bank account for the payments, and complete bookkeeping: the court asks for proof of the claim.
• Credit checks on large customers before you deliver.

Sources: Regulation (EU) 655/2014 on the European Account Preservation Order; European e-Justice Portal, European Account Preservation Order, country pages for the Netherlands and Germany; Brussels I bis Regulation (EU) 1215/2012; Implementing Regulation (EU) 2016/1823; De Rechtspraak, Netherlands Commercial Court; German Code of Civil Procedure, sections 916 and 946. Checked on 25 September 2026.

Common questions