Examples of using Attachment order in English and their translations into German
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Implementation of the attachment order.
The attachment order was confirmed by judgment.
Procedure for obtaining an attachment order.
The attachment order is to be served on the third-party beneficiary as well as on the debtor.
Objections to the attachment order and jurisdiction.
The request to submit this declaration may be included in the attachment order.
Attachment orders, which we provide in full text in the online version, are not possible.
Question 15:Do you agree that the exequatur procedure should be abolished for the attachment order?
It will need to be determined whether the attachment order should be available in all the circumstances outlined above.
The attachment order does not grant any advantage to the creditor vis-à-vis competing creditors of the same group.
Member States' legislation varies considerablywhen it comes to the amount to be secured by an attachment order.
If the attachment order is limited to a specific amount, the question arises how this amount should be determined.
While these(alternative)heads of jurisdiction seem to be perfectly appropriate for obtaining an attachment order two problems have to be addressed when designing a European system in this field.
In France, an attachment order has a freezing effect on all the bank accounts, even if the amount exceeds the sum claimed or owed.
In the Commission's view, this implies notably that a certain amount of money must be exempt from execution(see under 4.4) andthat the debtor must have an effective possibility to contest an attachment order see below under 5.2.
An attachment order in the European system would complement and be compatible with existing European instruments in the field of civil justice.
Targeted enforcement actions(seizure by bailiffs, attachment orders, affidavit) to enforce your claims as quickly as possible, including interest and costs.
An attachment order issued in one Member State would be recognised and enforceable throughout the European Union without the need for a declaration of enforceability.
While the report on the practical functioning of Regulation 1348/200062 has shown that documents are frequently served by post in the European Union63, thisway of transmission might not always be the best method to serve an attachment order.
The debtor should therefore be able to have the attachment order revoked if he offers another security to the creditor which is sufficient to cover the claim.
Attachment order 1 Â At the applicant's request, the obligor under the negotiable security may be forbidden to honour the security on presentation and warned of the danger of double payment.
Irrespective of the type of instrument chosen, a Commission proposal on the attachment of bank accounts would have to deal with a number of issues which are discussed in more detail below: the procedure for obtaining an attachment order would need to be clarified(see point 3),the amount and possible limits of the attachment order would have to be defined(see point 4) and the effects of the order and procedural safeguards for the debtor would need to be assessed see point 5.
If the attachment order in the European system as envisaged would prima facie only secure a clearly defined sum it would be less intrusive.
This European instrument, this European attachment order that is under discussion, really could complement national legislation and hence deal with the serious infringements of creditors' rights that occur on a transnational basis.
Where the attachment order is served on the third party debtor prior to surrender of the mortgage certificate or entry of the attachment, theattachment shall be regarded as being effected against the third party debtor upon service.
If- as suggested above(at point 3.2.3) the attachment order were granted ex parte, it would become even more important to ensure that the debtor has the opportunity to oppose or ask the court to restrict the order immediately after it has taken effect.
If the attachment order is served upon the third-party debtor prior to the physical submission of the mortgage deed or prior to the attachment being entered in the land register, the attachment shall be deemed to have been effected upon service.
Landsbanki challenged those attachment orders before the French courts arguing that, under the Directive, the reorganisation measures adopted in Iceland could be invoked directly against the French creditor.
Today, he could apply for an attachment order under national law but such an order would not be automatically recognised in Member State B, in particular if it was rendered without a hearing of the debtor in order to safeguard the"surprise effect" of the measure.
