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This comprehensive Commentary provides article-by-article
exploration of EU Regulation 655/2014, analysing and outlining in a
straightforward manner the steps that lawyers, businesses and banks
can take when involved in debt recovery. It offers a detailed
discussion of national practice and legislation in order to provide
context and a deeper understanding of the complex difficulties
surrounding the procedural system created by the European Account
Preservation Order (EAPO) Regulation. Aiming to offer a practical
and comprehensive overview of the EAPO Regulation, this book
highlights its strengths and potential to increase the efficiency
of cross-border debt recovery within the European judicial area.
D'Alessandro and Gascon Inchausti examine the descriptive and
analytical literature focusing on the EAPO Regulation, while also
considering available reports and national case law databases. The
book also takes into account the interplay between the EAPO
Regulation and the other instruments of the European Law of Civil
Procedure, and provides analysis of the case law of the Court of
Justice of the European Union and national courts. Key Features:
Article-by-article commentary and analysis Practical direction in
the field of cross-border debt recovery Detailed discussion of
national practice within the EU A contextual approach Offering a
clear and direct way to address the issues and solutions
surrounding EAPO Regulation, this comprehensive book will be an
ideal companion for legal practitioners specializing in debt
recovery as well as students interested in European law and
finance.
The European lawmaker is currently overseeing what appears to be a
paradigm shift in the way that cross-border litigation is conducted
within the European Union. This matter was initially conceptualised
from the perspective of international judicial cooperation, based
on the notion of mutual trust and mutual recognition. Recent
developments, however, have introduced the option of harmonisation
as a new regulatory approach. The first part of the book is focused
on the possible methodological approaches at hand. Special emphasis
is placed on the role of the Court of Justice of the European Union
as a ''promoter'' of a European Procedural Law (principle of
effectiveness and principle of equivalence). The second part
assesses to what extend harmonisation is already used:
''vertically'', through the regulations on international judicial
cooperation, for example the European Account Preservation Order;
and ''horizontally'', through the promotion of harmonised standards
promoted by the directives on intellectual property rights and
competition damages (access to information and evidence), or in the
directive on trade secrets and in the field of data protection
(protection of confidential information). With a view to the
future, the final part examines two more recent initiatives:
ELI-UNIDROIT and the proposal for a directive on common minimum
standards of civil procedure in the EU.The Future of the European
Law of Civil Procedure: Coordination or Harmonisation? clearly
outlines the motivations of the various national and institutional
players in the regulation of civil procedural law and identifies
potential obstacles likely to be encountered along the way that
will be useful for every lawyer in the field.
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