The Malta Independent on Sunday

EU debt recovery made faster, cheaper and more efficient

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This week new rules supporting businesses, particular­ly small and medium-sized enterprise­s (SMEs) came into force, which will recover debt from debtors in other EU countries.

About €600 million are lost every year due to long and costly legal procedures preventing companies from recovering money they are owed outside their home country. The pro- posed European Account Preservati­on Order (EAPO) can help companies by offering them a simple and cost-effective way to block funds that are owed.

Commission­er for Justice and Consumers, Věra Jourová stated: “As a former entreprene­ur, I know that unpaid bills can seriously affect the bottom line of a company. Particular­ly small businesses often cannot afford the legal support necessary to bring back the money they are owed. Thanks to the European Account Preservati­on Order, businesses and citizens will be able to recover millions in crossborde­r debts by requesting that the amount owed to them is blocked on the debtor’s bank accounts.“

Currently, a business that is owed money from a business partner in another EU country has to request the blocking of the amount by a court in the business partner’s member state according to local rules and procedures. This implies substantia­l and costintens­ive legal support, often too expensive particular­ly for SMEs. The new procedure will be quicker, cheaper and more efficient for creditors. Courts will have a maximum of 10 days to issue an EAPO and debtors will not be informed in advance of the preservati­on order. This guarantees that assets are not moved around or squandered and remain available for reimbursem­ent. The EAPO issued in one member state will be recognised in all other member states and standard forms will be available, keeping legal and translatio­n costs low.

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