OpenLegislation

Division 14.2

United Kingdom

Original text. Later amendments are not shown.

You can apply to the competent court of the Member State in which the Preservation Order was issued to have the Preservation Order revoked or modified or you can apply to the competent court or, where national law so provides, to the competent enforcement authority in the Member State where your bank account has been preserved to have the enforcement of the Preservation Order terminated if you consider that any of the following circumstances applies (Articles 33 and 34 of Regulation (EU) No 655/2014):

  • the Preservation Order, the declaration concerning the preservation of funds pursuant to Article 25 of Regulation (EU) No 655/2014 and/or the other documents referred to in Article 28(5) of that Regulation were not served on you within 14 days of the preservation of your account or accounts;

  • these documents served on you in accordance with Article 28 of Regulation (EU) No 655/2014 did not meet the language requirements set out in Article 49(1) of that Regulation;

  • preserved amounts exceeding the amount of the Preservation Order were not released in accordance with Article 27 of Regulation (EU) No 655/2014;

  • the claim the enforcement of which the creditor was seeking to secure by means of the Preservation Order has been paid in full or in part;

  • a judgment on the substance of the matter has dismissed the claim, the enforcement of which the creditor was seeking to secure by means of the Preservation Order;

  • the judgment on the substance of the matter, or the court settlement or authentic instrument, the enforcement of which the creditor was seeking to secure by means of the Preservation Order, has been set aside or annulled.