International attachment measures are legal means to secure a debtor's assets abroad before or during proceedings. At Musch Legal, we regularly work with EAPO (Regulation 655/2014), Dutch provisional attachment, and local procedures such as Mareva injunction in common law countries. Swift and targeted attachment is often the deciding factor between successful collection and an uncollectible debt.
What is the legal problem? (Why is swift attachment essential?)
Time is often the deciding factor in international disputes. Before you have concluded proceedings, assets may have been moved worldwide. International attachment measures secure recovery. However: rules regarding jurisdiction, evidence, and formal requirements vary internationally. Incorrectly set up attachment can lead to claims for damages due to unlawful conduct under Section 6:162 of the Dutch Civil Code. A well-considered strategy balances speed and legal diligence.
What does the law say? (What attachment routes are available?)
For EU bank accounts: European Account Preservation Order (Regulation (EU) 655/2014, in force 18 January 2017). For Dutch attachment: Articles 700-770a of the Dutch Code of Civil Procedure. Brussels I-bis (Regulation 1215/2012) governs the recognition of provisional measures under Article 35. Under English law: Mareva injunction (worldwide freezing order) under Civil Procedure Rules Part 25. In France: saisie conservatoire. In Germany: Judgment (Section 916 ZPO).
For arbitration: interim measures by arbitrators under Section 1043b of the Dutch Code of Civil Procedure, often in combination with a state court.
Instrument
Scope
Forward time
EAPO 655/2014
Bank accounts in 26 EU countries
10 days prior to leave
Dutch provisional attachment
Virtually all assets in the Netherlands
1-3 days prior to leave
Mareva injunction (UK)
Worldwide via English court
1-2 weeks before leave
Conservatory seizure (FR)
Assets in France
1-2 weeks
Judgment (DE)
Assets in Germany
1-2 weeks
Instrument
Scope
Processing time
EAPO 655/2014
Bank accounts in 26 EU countries
10 days before leave
NL conservatory seizure
Virtually all assets in NL
1-3 days before leave
Mareva Injunction (UK)
Worldwide via English court
1-2 weeks before leave
Saisie conservatoire (FR)
Assets in France
1-2 weeks
Judgment (DE)
Assets in Germany
1-2 weeks
What risks do companies face? (What threatens in the event of wrongful or late attachment?)
Wrongful attachment leads to an obligation to pay damages under Article 6:162 of the Dutch Civil Code. Insufficient evidence of a claim can lead to dismissal. Awkwardly timed attachment warns debtor moving assets. Attachment of the wrong assets is a waste of effort. Caution requirements can tie up liquidity during proceedings. In Mareva injunctions: duty of disclosure (full and frank disclosure) — missed information leads to attachment.
Practical example from our practice (How did Musch Legal save 500,000 euros?)
Musch Legal represented a Dutch supplier with a 500,000 euro claim against a Belgian client and a suspicion of asset transfer. Under EAPO Regulation 655/2014, we obtained attachment of Belgian bank accounts within 48 hours — 480,000 euros frozen. The client offered a settlement within two weeks for 425,000 euros. Without EAPO, the client would have had to litigate for months without certainty of recovery. EAPO is the key tool for EU claims.
What can you do? (Which attachment strategy do you choose?)
Assess attachment options early in dispute resolution. For EU bank accounts: use EAPO. For other assets: Dutch attachment under Section 700 of the Dutch Code of Civil Procedure or local attachment. For worldwide assets via English law: Mareva injunction. Provide proof of claim and urgency. Plan timing strategically so as not to alert the debtor. Combine with expedited proceedings for the main case within 14 days. Engage Musch Legal for strategy.
Preservatory attachment in international disputes