Taking precautionary measures within the EU
Are you considering initiating a legal claim in your country against a debtor? Do you want to find out about the existence of the debtor’s possible assets in Spain? Are you interested in seizing assets of the debtor in Spain, and you do not know how to do it? OTIS Advocaten can help you.
Within a business relationship between two parties, whether between natural or legal persons, some discrepancies may arise, and this can lead to the initiation of a legal claim. If the parties involved are resident in different European countries, this makes it necessary to determine in which country the relevant legal action should be taken.
In addition to determining before which court and in which country the claim should be taken, it may also be necessary to consider other important issues, such as determining in which country an application for an interim injunction, such as the freezing of a property, can be requested as a precautionary measure, to ensure compliance with the court decision that may eventually be handed down.
In the context of a European international dispute, i.e. between two parties domiciled in different countries within the European Union, it is possible that the party wishing to initiate the claim (claimant) in a given country (e.g. the Netherlands) may be aware of certain assets of the opposing party (debtor) in another country, such as Spain. In such a case it is essential to analyse the Community rules on this matter in order to determine what the possibilities are to apply for the adoption and/or registration of a protective measure in a country other than the country in which the relevant claim is initiated.
It is possible to apply for an interim injunction in Spain in the context of a legal claim that has been initiated in the Netherlands, Germany or another EU Member State. However, it is important to be familiar with the applicable EU law and to be able to apply it to the specific case.
Would you like to know more about this? Are you interested in applying for registration or precautionary measures in Spain? Contact one of our offices in Spain or in The Netherlands. OTIS Advocaten, your legal co-driver.