MANUAL OF PROMISING PRACTICES IN DEMATERIALISED … · 2018-12-21 · states, and where legal security plays a major role, the speed and efficiency of enforcement of legal decisions,

MANUAL

OF PROMISING PRACTICES

IN

DEMATERIALISED ACCESS TO INFORMATION AND ASSETS

FOR

JUDICIAL ENFORCEMENT OF CLAIMS

This report was funded by the European Union’s Justice Programme (2014-2020)

ENABLE – Enabling dematerialized access to information and assets for judicial enforcement

of claims in the European Union (Number — 721331)

ENABLE – Enabling dematerialized access to information and assets for judicial

enforcement of claims in the European Union

MANUAL OF PROMISING PRACTICES

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Disclaimer:

The content of this report, publication represents the views of the Centre for European Constitutional Law, the International Union of Enforcement Agents, the Aristotle University of Thessaloniki only and is their sole responsibility. The European Commission does not accept any responsibility for use that may be made of the information it contains.




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Table of contents

ENABLE – ENABLING DEMATERIALIZED ACCESS TO INFORMATION AND ASSETS FOR JUDICIAL ENFORCEMENT

OF CLAIMS IN THE EUROPEAN UNION (NUMBER — 721331) .......................................................................... 1

ABBREVIATIONS ......................................................................................................................................... 4

INTRODUCTION .......................................................................................................................................... 5

CHAPTER 1: COMPETENCE OF ENFORCEMENT AGENTS .............................................................................. 7

CHAPTER 2: E-JUSTICE POLICY ..................................................................................................................... 9

2.1. COOPERATION BETWEEN NATIONAL GOVERNMENT, THE ENFORCEMENT PROFESSION AND OTHER STAKEHOLDERS ........... 9 2.2. CASE MANAGEMENT .................................................................................................................................. 17

CHAPTER 3: ACCESS TO INFORMATION AND AUTHENTIC SOURCES .......................................................... 23

3.1. ACCESS TO INFORMATION ........................................................................................................................... 23 3.2. ENFORCEMENT REGISTER AND DEBTOR REGISTER ............................................................................................. 25

CHAPTER 4: E-IDENTIFICATION, AUTHENTICATION AND AUTHORIZATION ............................................... 31

CHAPTER 5: ENFORCEMENT ...................................................................................................................... 35

5.1. E-JUDGMENT ............................................................................................................................................ 35 5.2. E-SERVICE ................................................................................................................................................ 37 5.3. ATTACHMENT ON MOVABLES ....................................................................................................................... 45 5.4. ATTACHMENT ON IMMOVABLES ................................................................................................................... 48 5.5. E- AUCTION .............................................................................................................................................. 50 5.6. ATTACHMENT ON BANK ACCOUNTS ............................................................................................................... 58




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Abbreviations

AIS (Lithuania) Enforcement Information System

CEPT Cross Border Enforcement Proceeding Tool (international information system for initiating and monitoring cross border enforcement proceedings

ECtHR European Court on Human Rights

eIDAS Directive 1999/93/EC on e-signature

Elected electronic address for service any other electronic address to which notification can be made in accordance with the relevant law and following express prior consent of the recipient for every notification in question.

Electronic (judicial) address the unique e-mail address assigned by the competent authority to a private individual or a legal entity

ETIS (Estonia) Enforcement Agents Management System

KBvG Royal Dutch Professional Organization of enforcement agents

MISP (Estonia) Mini Info System Portal

MS (European Union) Member State

PMS Project Member States

REC (Latvia) Register of Enforcement Cases

SISAAE (Portugal) Central Information tool for Portuguese enforcement agents that allows them to carry out procedural transactions and electronic access to all databases that have information on the assets of a debtor




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Introduction

The project ENABLE explores e-justice solutions for dematerialized exchanges and secure

access to and exchange of information for enforcement in the European Union. The project

is co-financed by the Justice Programme of the European Union and is implemented by the

Centre for European Constitutional Law (CECL) in cooperation with the International Union

of Judicial Officers (UIHJ) and the Aristotle University of Thessaloniki (AUTH).

As a first step, the ENABLE project mapped the existing situation in eight Member States

(Belgium, Bulgaria, Estonia, Greece, Latvia, Lithuania, Netherlands and Portugal) with

regard to:

e-justice initiatives undertaken by the Government and the profession;

existing databases and systems collecting information related to enforcement of

claims (such as debtors registers, assets of debtors, official registers for businesses);

e-signature systems (existence of e-signatures, procedures, legal and technical

specifications, standards and requirements);

systems for e-certification of judicial officers (knowledge on who is certified);

systems for initialization of enforcement proceedings, including service of

documents and enforcement of claims;

the legal and technical conditions and requirements for the above

Based on the mapping of existing solutions, compiled in 8 country-reports, the project

produced a comparative report. The comparative report identified six main sets of barriers

that hinder the development of e-justice solutions for dematerialized exchanges in the

(enforcement) legal and extra-judicial field across EU member states:

1. Technical barriers resulting from incompatible technical standards at national level,

lack of inter-operational databases, lack of inventories and publicly accessible

information allowing the identification and selection of judicial officers by EU

citizens and businesses, great number of certification authorities, limited use of

digital signature nationally and in crossborder communication, lack of validated

databases and information on assets of debtor, not to mention the need for security

of electronic exchanges, data protection and other concerns;

2. Legal barriers related to the highly diversified national frameworks in relation to the

status, role, competences of enforcement agents and the service and enforcement




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procedures (CEPEJ1) and the lack of alternative means to verify documents'

authenticity;

3. Information barriers resulting from insufficient information available on competent

judicial officers, debtor’s domicile or location of property;

4. Linguistic constraints in accessing information, communicating, monitoring and

obtaining feedback on the enforcement proceedings;

5. Cost constraints resulting from different tariffs, delays and the need to translate

necessary documents to the official language of the receiving Member State;

6. Trust: the limited trust in dematerialized exchanges and enforcement from the part

of authorities and citizens.

The project ENABLE focuses on the development of pragmatic solutions to overcome

existing barriers hindering the exchange of information and dematerialized exchanges in

the legal and extra-legal judicial field operated by judicial officers. In a European area of e-

justice, where goods and judicial decisions are valid, serviced and enforced across member

states, and where legal security plays a major role, the speed and efficiency of enforcement

of legal decisions, and thus the role of judicial officers as the party responsible for

dematerialized exchanges in the legal and extra-judicial field, is critical.

E-justice solutions have the potential to improve the efficiency and effectiveness of

enforcement, both on a national and a cross-border scale. The promising practices

identified in the present manual are solutions that serve this aim.

The present manual concisely presents and analyses solutions – what we call promising

practices- that fall within the broader vision of enhancing dematerialized access to

information and assets within a European area of e-justice. The choice of practices comes

from the countries that participated in the project and is based on the information provided

in the national reports.

1 https://www.coe.int/t/dghl/cooperation/cepej/series/Etudes8Execution_en.pdf




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Chapter 1: Competence of enforcement agents

Enforcement agents play a central role in enforcement of claims and are vested with

exclusive powers to this purpose. Given their monopolio and public service function it is

important that their status, powers and responsibilities have a solid legal basis and are

explicitly described in the law.

Further, it is important that enforcement agents have access to information that enables

them to perform their role. This requires the possibility to access and process information

available in public and non-public databases on a number of issues including residence,

social security, debtor’s assets etc. The legitimacy of such usage as far as possible needs to

be limited within the context of an enforcement case.

The reported practices offer an example of a clear and safe framework and control

mechanisms for accessing information.

Title Access to information

Organisation / Institution (original language)

Portugal and Netherlands

Procedures/Themes/Services

Competence of enforcement agents, access to information

Description of practice

In Portugal, all queries to databases ((the most commonly consulted databases are: Enforcement Registry; Social Security; Retirement Registry; Tax and Customs Administration; Commercial Registry; Land Registry; Car Registry; Bank of Portugal) are made electronically and in real time. The data obtained is confidential and all information about the “requests” and obtained data are registered in the electronic enforcement system SISAAE, with a certified time stamp and user.

In the Netherlands access to public and non-public registers (e.g. the domicile register, national register on social security, register of motor vehicles) can only be obtained through an electronic platform managed by the National Chamber of enforcement agents. All requests are registered with a time stamp and user identification. Every year, randomly, the requests done by the enforcement agent are audited by a certified accountant. In addition, the use of the information is audited every 2 years through the 2-year audit on the professional quality standards for enforcement agents.




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Please explain why you consider this a model practice

The practices safeguard the use of personal data by the enforcement agent and avoid misuse of the obtained information. There are severe professional, civil and criminal penalties for those who violate the confidentiality rules and/or abuse the access permissions.

Please highlight the effectiveness of the practice

Access to information through electronic databases is organized at central level. This facilitates the necessary technical developments of the information systems and the control on misuse of data.

Please highlight the efficiency of the practice

Electronic access to information on the whereabouts and assets of the debtor increases the effectiveness of the enforcement system. At the same time, the registration system and audit avoid misuse of the obtained data in an effective manner.

Please highlight the trustworthiness of the practice

In both Netherlands and Portugal there is a solid legal (and regulatory) basis. The electronic platforms are developed by the respective authorities in close cooperation with the profession. Confidentiality is ensured through regular audits on the requests for information.

Please highlight the elements that make the practice sustainable and feasible

Access is regulated by law and regulations from the profession. The platforms are run by the competent public bodies.

Please highlight transferrable elements of the practice

Access to information through a centralized platform and managed by the profession. The centralized platform facilitates technical developments and necessary technical updates and adjustments. The centralized platform facilitates the control on the use of data by the enforcement agent.

Budget, sources of financing

The development of the IT systems is financed by the profession

Reference (hyperlink), information, documentation or contact person

N/A




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Chapter 2: E-justice policy

An e-justice environment requires a holistic approach to solutions associated with different

aspects of the delivery of justice. Most importantly, this involves the establishment of

partnerships between different actors are well as the management and initiation of

separate sub-systems, like case management systerms.

2.1. Cooperation between national Government, the enforcement profession and other stakeholders

Cooperation is important for the sustainability of solutions adopted in the context of e-

justice environments. Obvious as this may sound, the establishment of partnerships

between all major stakeholders is an important element of success and sustainability for

any initiative associated with dematerialized enforcement.

Title Strengthening enforcement in Belgium


Nationale Kamer van Gerechtsdeurwaarders

Organisation / Institution (EN)

Belgium Government, National Chamber of enforcement agents


Joint approach for the development of e-justice tools

Brief Description of practice

The Belgian Government set up an ambitious plan for the reform of the justice system. The plan includes enforcement and requires the cooperation of all major stakeholders for the achievement of the defined goals.


The Belgian Government set up an ambitious plan for the reform of the justice system. The aim is to make the justice system more efficient and fairer, where necessary by reform of the basic legislation and by refocusing on its essential tasks. The plan includes following, also enforcement related projects:

a) the e-Box project




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This project must eventually make it possible for all judicial bodies, lawyers, enforcement agents and notaries to communicate among themselves electronically.

b) The e-Depot project

This project is intended to make it compulsory to deposit deeds of companies and legal entities by electronic means, with the advantages that are inherent to this, such as entering data into databases automatically, storing company files in electronic form, on-line consultation of such information as well as reducing the workload on the commercial courts.

c) The e-Deposit project

The purpose in this case is to file court statements by electronic means with a view to working towards introducing the “single electronic court case file”. This application offers advantages to all of the stakeholders. The lawyer no longer has to go to the court to file his statements and is no longer bound by the opening hours of the court registry. For the court registry staff, the e-Deposit application has the advantage that they no longer need to perform manual operations in order to file statements and exhibits in the correct case file. Parties can consult statements and exhibits digitally.

d) Database of judgments and rulings

The database of judgments and rulings (“VAJA”) has already been created, but it is still necessary to enter data in it with a view to ensuring effective and immediate delivery of copies of judgments in an electronic format to lawyers, enforcement agents and notaries when they request these. In this way VAJA creates electronic copies of judgments and sends them by electronic means to those who need them.

e) The e-Notification project

Electronic notification constitutes an additional stage in the digitisation of justice. This change desired by the Belgian legislators offers, in addition to the traditional means of notification, the possibility of opting for notification by electronic means. In this way it will be possible to notify documents either to the court’s e-mail address or to the e-mail address that has been chosen as address for service.

f) Pro deo

The pro deo digital platform must become the central application for processing requests from persons who are entitled to free second-line legal aid.

g) MaCH

MaCH is the application used to administer files used by court registries and by public prosecutors’ offices. It contains data and documents linked to the court’s digital investigation file by e-Deposit and other applications.




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MaCH replaces all applications used to manage obsolete files from various courts and public prosecutors’ offices with a single standardised application with a large number of additional functions. Standardisation will allow for more efficient and higher quality management of court files, but MaCH also plays a role in specific aspects of each court. Specific proceedings that give rise to a specific file (bankruptcy, collective debt restructuring, family administration or files) are administered using specific registers which are connected to MaCH in order to allow for automated digital exchange of data.

Other projects have been included in the plan with the encouragement of the Minister of Justice and have direct impact on the legal profession. These include in particular:

The e-Payment project: the platform for electronic payment to Justice for legal professions;

The e-Signature project: the use of the electronic signature in the judicial communication;

The RCCI project: the platform for the procedure for the recovery of undisputed debts. Here the enforcement agent plays a central role;

The SCR project: the central estate register;

The RECA project: the register of digital records of service which also regulates the Electronic service;

The RCCD project: the platform for digital records and collective debt settlements;

The RCS project: the platform for digital bankruptcy files and the digital bankruptcy procedure.

Legal professionals, including enforcement agents, will be greatly affected by these reforms. It is for this reason that the Belgian Minister of Justice decided that the various professions affected should be partners in these reforms. Thus, lawyers, enforcement agents, notaries and experts have been actively involved in the development of the various projects.

To this end, the Minister of Justice concluded a cooperation protocol with the national organisations of legal professions. The legal professions have a major role in the strategic IT development, for example:

By offering appropriate IT applications to their practitioners, to the Bar Association and other Justice stakeholders;

In cooperation in the technical area;

By monitoring the interconnections between IT platforms;

By contributing to the exchange of information and experience;

By regularly participating in organised strategic consultations;

By cooperating closely by means of communication and training to make the transition towards digital Justice possible.




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The various projects referred to above are a promising practice for a number of reasons:

The creation of new databases to which enforcement agents will have access will improve their knowledge of the assets of the judgment debtor and thus increase the efficiency of recovery tasks. This includes the RCS, RCCD and also SCR platforms;

Granting them new powers will allow enforcement agents to expand their area of activities and reinforce their position with the judiciary. The fact that the profession will be granted a new monopoly task within the framework of the RCCI procedure is very significant in this regard;

These databases will reduce the administrative burden on enforcement agents but also on other legal professionals, such as lawyers, thanks to the e-Payment module, which will facilitate financial transactions between these stakeholders and the courts for the payment of indirect duties linked to legal procedures, and, on the other hand, the e-Deposit and e-Signification projects will make it possible to digitize communications, notifications and services whether these are solely between professionals or between professionals and litigants.


Electronic communication between the different legal professions and courts will make it possible to achieve economies of scale and to reduce the workload for all the professionals involved.

In addition to the efficiency for the enforcement process, the close cooperation between legal professions (i.e. the enforcement agents and the Belgian Government) resulted in a more efficient proceedings to obtain an enforceable title for uncontested claims: the project RCCI.

RCCI is the digital register that manages the procedure for recovering outstanding money debts that are not disputed by the debtor. At the end of the procedure, in the absence of a dispute, settlement or repayment agreement, the creditor obtains an enforceable title issued by the enforcement agent. If the debtor disputes the existence or the amount of the money debt during this digitised procedure, the creditor must re-apply to the court in order to obtain an enforceable title. RCCI has released the commercial courts from the workload generated when the law of the "proper judge" gave jurisdiction to the commercial courts over recovery procedures.

The culture change as regards obtaining an enforceable title by an extrajudicial procedure, and thus more quickly and cheaply, has already been achieved to a large extent. The procedure, which can only be applied in business-to-business situations, is initiated by a reminder letter from the creditor's lawyer. If this remains ineffective, the lawyer can ask the enforcement agent to initiate the procedure via the platform. If no agreement is reached between debtor and creditor after the order to pay,




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the latter obtains an enforceable title. The procedure includes the necessary legal guarantees to protect the debtor. Indeed, the latter is notified repeatedly that he has the opportunity to submit settlement proposals and can indicate whether he disputes the debt or its amount, in a simple way. The costs, fines and interest that may be claimed and obtained in addition to the principal amount through this procedure are limited by law.

The project is positive for all stakeholders: the creditor receives payment, a repayment agreement or an enforceable title more quickly; the debtor has the opportunity to dispute the claim, to obtain a discharge plan or to limit the costs added to the principal amount. The courts are relieved of procedures not contested on the merits but only initiated for the purpose of obtaining an enforceable title.


Highly automated enforcement processes ensure a more efficient enforcement process.


The reforms are carried out under the responsibility of the minister of justice and in close cooperation with all legal stakeholders, including the courts.


The use of IT reduces the time and improves the efficiency of the enforcement process.

The exchange of information (also with regard to assets) is done electronically. Parties will have access to their files electronically which easens communication. An electronic enforcement file shall store digital copies of the written documents drawn up or received in the course of enforcement proceedings, except for the documents which, according to statutory requirements, cannot be digitized, and created or submitted electronic documents. Also, court judgments can be communicated by the courts, electronically with the enforcement agents.


The development of a strategy on the use of IT in enforcement coordinated with all stakeholders. Development of an electronic enforcement system is a matter of all stakeholders and requires their active involvement.


In Belgium the financing of the e-justice tools is done through the State budget.

Reference, information, documentation or contact person

N/A




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Title Cooperation to strengthen the efficiency and effectiveness of enforcement in Lithuania


Lietuvos antstolių rūmai (Lithuanian language)


Lithuanian Government, Lithuania Chamber of enforcement agents


Development of a unified approach with regard to the development of e-justice tools


The promotion of e-Government, electronic access to legal information (court rulings) and efficiency of the enforcement system is a priority area for both the national Government and the Chamber of Lithuanian enforcement agents.


For a (practical) implementation of e-justice mechanisms of close cooperation and coordination between national Government and the legal professions is important.

The National E-Justice Strategy “Lithuania 2030” outlines the vision of the Government with regard to e-justice. The promotion of e-government, improving the electronic accessibility of legal information, especially court rulings and making enforcement procedures more efficient are regarded as priority areas of the State. The Government underlined the importance of cooperation within the legal sector.

For example, developments within the court system are closely connected with enforcement. The National Courts Administration implemented the project “E-services for the administration of justice in the process”, as a tool to fight against corruption in the courts, to have all judicial decisions publicly available on the Internet, and to enable the availability of case related information for legitimate interest holders. Parties in civil and administrative cases are provided access to the Lithuanian Court System LITEKO. In such developments, the enforcement agents are involved.

With regard to enforcement the Ministry of Justice is strongly focusing on the development of e-enforcement tools (e-fines, e-auction and the exchanging data only through electronic means, e-attachment, e-service of documents, e-control et cetera.). Though the policy of implementing these IT tools is under the Ministry of Justice, the needs of the profession are also taken into consideration: the Chamber of enforcement agents acts as the administrator of the central Enforcement Agents’ information system and is involved in the system development and modernization processes.

Certain information with regard to enforcement is publicly accessible via e-solutions. Again, here there is a close cooperation between the State, the




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Chamber of enforcement agents and other parties. The access to such information is facilitated through the personal identification and signing (eID) system or identification through the private bank systems.


Development and implementation of information technology in the enforcement profession is not an initiative that is to be undertaken by the profession itself. It is important that there is a good cooperation and coordination of de development of e-enforcement between all major stakeholders. The more since on a regular basis electronic data interchange is necessary with other Government and court institutions. In that respect the Lithuanian approach is a good example of such cooperation.


The cooperation resulted in the development of the electronic enforcement file within the AIS enforcement system. Procedural documents are drawn up by the enforcement agents electronically and signed with an electronic signature. In the nearest future (coming two years) it is planned to transfer every enforcement file to the electronic environment. Documents will be created in such electronic environment and will be communicated with the parties in enforcement proceedings or interested parties using by electronic means.


A highly automated enforcement process ensures a more efficient enforcement process.


The electronic data related to enforcement files are processed in accordance with the procedure laid down by the Minister of Justice upon coordination with the Chief Archivist of Lithuania.


The use of IT reduces the time and improves the efficiency of the enforcement process.

Enforcement files and the information related to enforcement proceedings may be processed exclusively in an electronic format. The procedures are laid down by the Minister of Justice upon coordination with the Chief Archivist of Lithuania and consultation with the Chamber of enforcement agents.

The exchange of information (also with regard to assets) is done electronically. Parties will have access to their files electronically which easens communication. An electronic enforcement file shall store digital copies of the written documents drawn up or received in the course of enforcement proceedings, except for the documents which, according to statutory requirements, cannot be digitized, and created or submitted electronic documents. Also, court judgments can be communicated by the courts, electronically with the enforcement agents.

Please highlight transferrable

The development of a strategy with regard to the use of IT in the field of enforcement is to be coordinated with all stakeholders. Development of an




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elements of the practice

electronic enforcement system is a matter of all stakeholders. It should not be limited to the Government and/or the enforcement agents only.


In Lithuania the financing of the e-enforcement tools is done through the State budget.


For the e-justice development program:

https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.394457?jfwid=-umo1q8pz9






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2.2. Case management

Title (Future) case management system in Estonia


Estonian Chamber of enforcement agents and bankruptcy administrators


Case management and access to information

Brief Description of practice At the moment no universal information system exists for initiating enforcement proceedings, the delivery of documents or to ensure the enforcement of claims. The information system ETIS are still in the development phase. Yet, to planned system gives a good overview of the integration of various information systems in order to make enforcement more efficient and affective.

Description of practice In cooperation with the Ministry of Justice and the Chamber, a new information system for enforcement agents (ETIS) is being prepared (presently in the testing phase), which will operate as the enforcement register provided by law. The enforcement register ensures the availability of procedural information to involved persons and State supervision over enforcement proceedings.

ETIS has planned to be interfaced with several other services and databases:

The commercial register;

The Population register;

The Register of the Police and Border Guard Board (queries concerning the validity of identity documents);

E-File (database to check the existence of judicial decisions (from the information system of courts) and misdemeanour decisions;

Register of prisons;

Official publication (for the publication of enforcement notice and notices of an auction, bankruptcy notices, notices of the right of representation, invalidation of authorisations, etc.);

Information systems of banks (control of the existence of a person’s bank account and available funds, seizure of a bank account both for the enforcement of a claim and for securing an action, changing the seizure of a bank account, release of a bank account from seizure);

Land register (making an entry on seizure of mortgage, query of a person’s immovable property on the basis of the data of the person, making a notation concerning a




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prohibition on disposal of immovable property, registration of immovable to the name of the buyer, release from seizure);

Social Insurance Board (requesting information about pensioners);

Information system of the Health Insurance Fund (requesting information about the allowances of a person – allowances paid to a person: type and amount as well as the place and time of payment, Requesting information about the workplaces of a person);

Information system of the Pension Board (requesting information about the pension – type(s) and amount(s) as well as the place and time of payment, seizure of the pension, release from seizure);

The Estonian Central Depository for Securities (requesting a list of securities of a person, order for seizure of securities, order for transfer of seized securities to the enforcement agent’s official securities account, registration of shares to the name of the buyer, release from seizure);

Traffic register (information about the vehicles of a person (incl. whether the person is a user), information on recreational craft, making a notation concerning a prohibition on disposal (seizure). Registration of a vehicle to the name of the buyer, release from seizure);

Register of construction (checking the construction located on the immovable property of a person);

Register of the Tax and Customs Board (query concerning the income that the debtor declared the previous year, checking whether the debtor has a job, query concerning the VAT number, seizure of taxes repayable to debtors);

Succession register (queries regarding personal data of the bequeathed and entries on the bequeathed);

Bank of Estonia (daily currency rates);

Address data system in the Land Board (checking the existence of an address (whether such an address exists);

Unemployment Insurance Fund (whether any payments are made to a person and in which amount in the given period, seizure of insurance indemnity, release from seizure);

The State register of service and civilian weapons (for seizure and sale of weapons as movable property);

The employment register (finding out whether a person has a job for the purpose of seizure of remuneration).

The data can be accessed via the universal data exchange layer for information systems (X-Road). XRoad is middleware that has been created for communication between databases. More than two hundred information systems communicate via the X-Road. A separate register (Administration System for the State Information




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System (RIHA) has been created keep track and harmonise the architecture of the information systems (a register of registers).

Access to databases and information services of the State via or without the XRoad and is based on electronic identification and authentication. The State has created one universal electronic identification and signing system.

An enforcement agent may become a member of X-Road if the information system of the enforcement agent is in compliance with the established security requirements.

In order to enforce financial claims (mostly fines) governed by public law, the information system of the Chamber is interfaced with the information system of the police (KAEP) and with the information system of the Tax Board, in the case of which the initiation of enforcement proceedings and selection of a enforcement agent are automatic.


The planned enforcement information system is a good example of the integration of various databases for the benefit of enforcement.

Effectiveness of the practice The planned enforcement information system is a good example of the integration of various databases for the benefit of enforcement.


The system is still in the development phase.


The system is still in the development phase.


According to the Development Plan of the Area of Government of the Ministry of Justice for 2018-2021, one of the development goals is quality administration of justice within a reasonable time. This goal includes making the enforcement procedure faster. Guaranteeing access to legal services is also a development goal of the Ministry of Justice. Among other indicators, this development goal is measurable with the average duration of an enforcement procedure. The need to make enforcement procedures faster is also included in the “Estonia 2020” competitiveness plan, which is Estonia’s strategy for the achievement of the goals of the “Europe 2020” strategy.

The IT solutions of the state are developed and managed by the Centre of Registers and Information Systems (RIK).3 RIK is an agency in the area of administration of the Ministry of Justice, which has the objective to create an innovative environment that provides integrated e-services for the more efficient implementation of




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public administration, legal and criminal policies. RIK develops and manages registers and information systems that are important to the state and its citizens, such as the e-Commercial Register, e-notary, e-Land Register, court information system, probation supervision register, register of detainees, penal register, e-File and electronic State Gazette.


Enforcement is part of the overall development of the e-justice strategy of the Government.


https://e-estonia.com/solutions/interoperability-services/x-road/

https://www.ria.ee/en/

Title Case management system Latvia


Latvian Chamber of enforcement agents


Case management system


Latvia has one case management system for enforcement cases. The system is integrated in the other state information systems.


Since January 2, 2012 in Latvia there has been functioning the state information system – the Register of Enforcement Cases (hereinafter – REC), which was developed within the framework of the project The Register of Enforcement Cases co-funded by the European Commission in order to simplify the activities of enforcement agents and to facilitate recovery procedures in enforcement cases. The operation and use of REC is regulated by a Cabinet Regulation.

In accordance with the law, the holder of REC is the Court Administration, which is responsible for the development, improvement of feasibility and maintenance of the information system in accordance with the requirements set out by the State Information System holder in Section 8 of the State Information System Law. The Latvian Chamber is a member of REC monitoring working group and a participant in the meetings on the matters of REC operation and development. The Chamber also takes part in the elaboration of REC development and extension plan on a yearly basis.

The duty of enforcement agents to use REC is determined by law. REC ensures a number of functions:

https://e-estonia.com/solutions/interoperability-services/x-road/

https://www.ria.ee/en/




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Record-keeping for centralized electronic enforcement cases and other cases (e.g., fact recording cases) and registration of official activities and documents related to enforcement cases;

Accounting and registration of sums received on the enforcement agent’s deposit account at the State Treasury and paid therefrom;

Interconnection to other state information systems, for example, to the State Register of Vehicles and Their Drivers, State Revenue Service and State Social Insurance Agency databases, information systems held by the Register of Enterprises, SLLC Latvijas Vestnesis information system, Cadastral Register, State Unified Computerized Land Register and others. These interconnections ensure the receipt of online information in respect of the property and income of debtors registered in REC. Some registers, e.g., State Unified Computerized Land Register, ensure data monitoring. I.e., REC receives a notice as soon as the debtor registers his immovable property ownership in the Land Register, making it possible for enforcement agents to record a recovery notation in respect for the debtor’s property.


The enforcement information system is a good example of the integration of various databases for the benefit of enforcement. The compliance to one system only will result in a unified approach of enforcement. New IT projects and software updates can much easier by integrated in the overall enforcement system.


The system is obligatory for all enforcement agents.


The unified system will reduce time and improve the efficiency of the enforcement process, the more since all electronic communication is done through the system. The access through the case management system with the electronic platforms to obtain information further improves the efficiency.


The operation and use of REC is regulated by the Cabinet Regulation No. 941 of December 18, 2012 Regulation on the Register of Enforcement Cases. The holder of REC is the Court Administration, pursuant to the third part of Section 156.1 of LB


The operation and use of REC is regulated by the Cabinet Regulation No. 941 of December 18, 2012 Regulation on the Register of Enforcement Cases. The holder of REC is the Court Administration, pursuant to the third part of Section 156.1 of LB. The duty of enforcement agents to use REC is determined by law.




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The REC is used by all enforcement agents. REC also provides access to the state information systems. Money received in the enforcement process are registered and paid to the creditor through the State Treasury.


N/A


N/A




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Chapter 3: Access to information and authentic sources

Access to information is a fundamental step for cross border cooperation. This involves

‘simple’ information like knowing who is entitled to deal with a citizens’ claim within a

specific jurisdiction or most ‘complex’ ones permitting access to more sensitive and

personal data like address, possessions, bank accounts etc. Access to information raises a

number of technical and fundamental rights issues associated with data protection and

privacy which require careful consideration.

3.1. Access to information

Title Access to Information


Lithuania and Portugal


Access to national DBs


The Judicial Officer has extensive access to e-information sources, in real-time, to locate the addressee in the framework of his mission of service of document as well as for identifying the debtor’s assets.


The Judicial Officer is only allowed to obtain information regarding assets in case if he/she holds an enforceable title.

Confidentiality is an important issue. Access to information is allowed for certified and authenticated users and all information requests and obtained data are registered in an Information system. In Lithuania access is performed through the Judicial Officers’ Information System (AIS). Likewise, in Portugal Enforcement agents access information through SISAAE, with certified time stamp and user. Every person working at the office of the Enforcement Agent has access to this data, under the responsibility and supervision of the Enforcement Agent. There are severe professional, civil and criminal penalties for those who violate the confidentiality rules and/or abuse the access permissions that may have.

In cross border situations, in order to provide information about the debtor’s assets to foreign creditors, the Judicial Officer or Enforcement Agent, needs to be able to verify that equivalent conditions for obtaining such data are fulfilled. The Judicial Officer is only allowed to obtain information regarding assets in case he/she holds an enforceable title which is enforceable (and used for enforcement) or, in case the address needs to be validated, the formal request to serve a document. If either of these requirements are not met, no information can be obtained. If the creditor meets the requirements to access information, the Judicial Officer can obtain the data on request. The Judicial Officer is not allowed to share




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any data that is considered private. Any information regarding the address or personal whereabouts of a debtor will not be shared with a creditor, yet will be used to serve document.

The Enforcement Agents may access the national Bank database, according to Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure and if the debtor has a bank account in a specific banking institution, then, that institution will be immediately and electronically notified of the European Account Preservation Order up to the necessary amount.


The practice builds a robust trust model between the professionals and the citizens. Access to information is allowed only to properly authenticated and legally authorized professionals, the process is recorded and logs may be therefore used for subsequent audit. Only relevant information may be accessed.


The practice contributes to making justice more accessible and faster through digital access to case related information.


Providing for auditable, secure and traceable real-time access to information allows for reduction of the administrative and bureaucratic burden of enforcement.


The access to information is subject to several controls, requires the existence of enforcement titles and the process is managed through an information system under the responsibility of the national Chamber of enforcement agents, as part of the circle of trust of the national judicial systems.


The sustainability and feasibility of the process is guaranteed through the “ownership” of the process by the judicial system in general and the Chambers in particular.


N/A


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3.2. Enforcement register and debtor register

Title Central Debtors Register (Bulgaria)


Bulgarian Chamber of Private Enforcement Agents


Registration of enforcement debtors and public auctions


Registration of enforcement debtors and public auctions in two separate central registers, managed by the Bulgarian Chamber of Private Enforcement Agents.


The Central Debtors Register is an automated database developed and hosted by the Bulgarian Chamber of private enforcement agents which contains information of all active enforcement cases processed by private enforcement agents.

A note of reference whether an entity or person is a debtor in an enforcement case can be obtained from the register via request through each private enforcement agent’s office in Bulgaria. The reference is based on an instant automated check in a database deriving data from all private enforcements’ offices nationwide.

For confidentiality concerns only a physical person per se or via an authorized attorney may obtain a reference for oneself from the database. When it comes to companies, however, anyone could request a reference. Through the years since its inception, the system has become a valuable source of information whether a person is a credible partner for obtaining a credit from a bank or for other contractual purposes. All major IT systems in the offices of the private enforcement agents are designed for an automated exchange of data with the register. The few offices which do not use an automated system are obliged to log online and enter the necessary case information manually.

The Central Debtors Register is in constant use on daily basis by consumers – private enforcement officers, companies, individuals, and corporate clients (predominantly banks, nonbanking financial institutions, insurance and leasing companies).

Beginning 2014, corporate creditors are able to receive information about the presence or absence of pending enforcement cases through remote electronic access. Subscription to this service is available upon request, accompanied by a certificate for registration as an administrator of personal data. It is subject to approval by the Chamber and an agreement thereof.

The public auctions of debtor’s property in Bulgaria are carried out in the “old fashioned manner” and there is no system of e-auction. Bulgarian Chamber of private enforcement agents took the initiative to establish another electronic




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register: the Register of Public Auctions. This Register is an enterprise which is unique for a Bulgarian public institution. The Register is accessible online and provides sufficient data to form an informed opinion in regard to a property under auction. The Register provides visual images of the property, as well as complete cadastral description, parties in the case, legal encumbrances and etc.

The amendment to Art. 487, para. 2 of the Civil Procedure Code introduced the requirement for the public sale notice to be published on the website of the District Court with respective territorial jurisdiction. This must be done at least one day before the day of commencement of the sale. The site provides information about public sales, conducted by both State enforcement and private enforcement agents.


Both registers were established on the initiative of the profession.

The Central Debtors Register avoids making unnecessary expenses in the enforcement process since all information on enforcement cases is accessible by all enforcement agents. Here it needs to be noticed that Bulgaria (also e.g. Netherlands and Belgium) do not have a unified enforcement information system. Each enforcement agent is free in the choice for a certain case management system.

The Register of Public Auctions allows for a wider disclosure of the future auction to potential buyers and consequently the opportunity for more efficient sales of auctioned property. The Public sales register enables a higher degree of transparency, providing search options by different criteria. The transparency provides for a lower risk of abuse of the auction process.


Regarding the Register of Public Auctions: Due to the accurate and transparent display of auctioned debtors’ properties and assets, with a multitude of find and search functionalities, the Register has boosted public interest in auctioned properties, which has been an important contribution to the efficiency of the civil enforcement. It also has elevated the image of the Chamber as an open and transparent institution, targeting the optimal balance of both creditors’ and debtors’ interest. The Register is accessible online and provides sufficient data to form an informed opinion in regard to a property under auction. The Register provides visual images of the property, as well as complete cadastral description, parties in the case, legal encumbrances and etc.


The central Debtors Register: For the last three years the number of references to the Central Debtors Register has increased significantly compared to the first three years since the establishment of the Register. In 2016, a total of 22,510 references were issued, of which 17,715 requested by (small size) companies and citizens and 4,795 from corporate clients. For comparison - in 2015 were issued 21,184 references, in 2014 – 29,126 references.

The Register of Public Auctions: The site has become a major source of information for real estate investors, agents and the general population. In 2016, the website of the Register has been visited by 828 932 unique IP




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addresses. At least twice as many unique visitors have logged into the site, given the fact, that many computers are used by more than one person, and that some IPs, such as corporate establishments, have numerous users, behind them. In 2016 50,818 property sales announcements were published in the Register (compared to 52,949 in 2015). From these 45 646 were auctioned real estates (compared to 47,161 in 2015); the auctioned vehicles were 1 751 (compared to 1959 in 2015) and other movables - 3 421 announcements (compared to 3 829 in 2015)5. In 2016, the website of the Register was visited 3,503,866 times and a total of over 42,859,580 pages were examined. The average number of pages reviewed per visitor was 12 on each visit, with visitors spending an average of 8 minutes per visit. On average, the site was visited by approximately 2 271 visitors daily in 2016, the number in 2015 being 2273.


The registers are based on legislation and the Chamber regulative framework.


The registers are based on legislation and the Chamber regulative framework. The registers are managed and administered by the professional organization of enforcement agents.


Access to information is under the control of the enforcement agent.

Since the establishment of an e-auction is not a priority for the Bulgarian Government, The establishment of these registers nevertheless contributes to a more efficient enforcement. The “reach” of potential buyers has enlarged, bidding prices at a public sale will be higher and because of the transparency of the system, there is a lower risk for abuse of the auction process.


N/A


N/A




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Title Professional Registries and Directories


Belgium and the Netherlands


On-line professional Registries and their role in creating directories for public access


The legal professions of attorney, notary, judiciary and Judicial Officer in the Netherlands and Belgium have on-line Registers managed and up-dated in real time by the respective professional chambers. These are used for authentication and authorization of legal professionals with respect to their right to access information and documents.

It is the responsibility of every profession to update constantly these authentic sources of information. All suspensions, resignations, dismissals or other incidents (preventive suspension or death) that affect the professional capacity of the legal professionals concerned are recorded on a daily basis. These authentic sources can be used as the basis for the creation of on-line professional directories for citizens searching for competent professionals to handle their cases.

The practice is directly transferable to the cross-border context and it is recommended that it is considered in the implementation of FAB III.


The computerisation of justice in Belgian law is closely tied to the principle of a Trusted Third Party (“tiers de confiance”). As such, in order for a legal professional to be able to consult online the various sensitive databases which he/she has legal access to, or to be able to legitimately initiate, follow or continue a digital procedure, it is necessary that this professional can be electronically identified, authenticated and authorized. The competent professional organizations, therefore are technically able to verify the identity and professional capacity of their members as users or actors in these computerised processes.

For Judicial officers in particular, the profession has an authenticated source that meets the criteria required for trusted third parties by the Belgian Commission for the Protection of Privacy (which itself is based on the European standards). Electronic Identification, authentication and authorization is carried out by means of the electronic identity card. As such, not only the identity but also the capacity of a judicial officer is verified each time the latter requests access to a database containing protected information or to an application enabling the use of a particular computerised procedure. It is pertinent to note that this directory is electronically linked to the authenticated source in such a way that modification of the latter automatically leads to an update of the directory, thus optimally guaranteeing the reliability of the information contained therein.




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In the NL, the national chamber KBvG manages the Register for the Judicial Officers and the Stichting Netwerk Gerechtsdeurwaarders (SNG) is responsible for the maintenance, providing maximum security measures (e-IDAS Assurance Level- High). In accordance with the Judicial Officers Act, each appointment and licensed practitioner has to be registered and approved by the KBvG. After approval, the KBvG enters the details of the Judicial Officer in the register; this is done on the date that the appointment is approved (real-time). All registered Judicial Officers are fully competent to perform the activities and fully hold the abilities which are described in the Judicial Officers Act; there are no limitations placed on the activities of a Judicial Officer.


By establishing trust through technical and organizational means, on the process of identification and authorization of their professionals, the professional organizations have assumed a central role in the digitization of justice and indeed the one that they are the most fit-for-purpose to execute. This is therefore an exemplary partnership with the central judicial administration, for carrying out the judicial digitization.

The technical approach for e-certification, e-signature and communication flows is standards based, allowing for effective linking to judicial services and professional directories.

The process of identification and authorization is fully trusted as to its origin and the frequency of updates (daily and exhaustively). Likewise, the linked Directories remain current and fully trusted by the interested parties.


The practice contributes to making digital access to information and documents through establishing trust between the professionals and the electronic service providers in the national judicial system. The possibility to make available to the public professional directories that are continuously updated provides an effective solution for the Directories to serve their specific purpose in a fully trusted way.


Creating and maintaining authentic sources and feeding professional directories with data from such sources is the most efficient way to establishing and maintaining publicly accessible professional directories, that stay current, updated and therefore trusted, to qualified users is the way forward, to establishing directory services.


In view of the high legal certainty provided, on one hand, and the ownership of the authentic source, directory and associated services by the professions, on the other hand, the practice is fully trusted and acceptable and trusted by the judiciary, the professionals and the citizens concerned.

Please highlight the elements that make the practice

The sustainability and feasibility of the process is guaranteed through the “ownership” of the process by the judicial system in general and the Chambers in particular.




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sustainable and feasible


The relevant development and work is part of the 2014-2019 legislative period and e-Justice strategy financing.


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Chapter 4: E-identification, authentication and authorization

Title E-identification, authentication and authorization

Organisation / Institution (original language and EN)

Service Public Federal Justice, Belgian Ministry of Justice


Electronic Directories , e-certification of judicial officers

Description of practice The computerization of justice in Belgian law is closely tied to the principle of a Trusted Third Party (“tiers de confiance”). As such, in order for a legal professional to be able to consult online the various sensitive databases which he/she has legal access to, or to be able to legitimately initiate, follow or continue a digital procedure. It is necessary that this professional can be electronically identified, authenticated and authorized. The competent professional organizations, therefore are technically able to verify the identity and professional capacity of their members as users or actors in these computerised processes.

Every (or almost every) profession in Belgium, has established and maintains an authenticated source, updated daily, that exhaustively lists the members of the professional order in question. All suspensions, resignations, dismissals or other incidents (such as preventive suspension or death), that may occur and affect the professional capacity of the legal professionals concerned, are recorded on a daily basis.

It is the responsibility of every profession concerned - notaries, lawyers and judicial officers- to update constantly these authentic sources of information.

For enforcement agents in particular, the profession has an authenticated source that meets the criteria required for trusted third parties by the Belgian Commission for the Protection of Privacy (which itself is based on the European standards). Electronic Identification, authentication and authorization is carried out by means of the electronic identity card. As such, not only the identity but also the capacity of a judicial officer is verified each time the latter requests access to a database containing protected information or to an application enabling the use of a particular computerised procedure.

All the professions mentioned above also have an electronic directory containing all the members of the corporation concerned, which is accessible and viewable by all litigants on the




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website of each of the organisations in question. It is pertinent to note that this directory is electronically linked to the authenticated source in such a way that modification of the latter automatically leads to an update of the directory, thus optimally guaranteeing the reliability of the information contained therein.

The Belgian legislation was supplemented, in response to eIDAS Regulation 910/2016 EU by including provisions for trust services and for electronic archiving. As such, the legislation precisely determines the sanctions applicable in the case of non-compliance with the provisions of the Regulation and of Belgian law relating to the trust services mentioned above. It also officially designates, and determines the powers of the supervisory body, a body that will play a key role in the process of launching "qualified" trust services, monitoring the providers who offer them as well as allowing qualified providers under the 1999 directive to be "regularised" during the transition period.

Belgian law also dedicates provisions to hybrid registered mailing, revocation, suspension and expiry of certificates qualified as electronic signatures and stamps, the user part of a qualified electronic signature or electronic seal, stopping the activities of a qualified trust service provider from offering one or more qualified trust services, and the possibility of identifying a natural person hiding behind a pseudonym or electronic seal.

Please explain why the practice is effective

Legal Aspects

Legal certainty is secured through the application and enforcement of trusted third party principle. By establishing trust through technical and organizational means, on the process of identification and authorization of their professionals, the professional organizations have assumed a central role in the digitization of justice and indeed the one that they are the most fit-for-purpose to execute. This is therefore an exemplary partnership with the central judicial administration, for carrying out the judicial digitization.

Technical Aspects

Despite the fact that there is no national interoperability framework for e-justice established in Belgium, the technical approach for e-certification, e-signature and communication flows is standards based, allowing for effective linking to judicial services and professional directories.

Practical Aspects

The process of identification and authorization is fully trusted as to its origin and the frequency of updates (daily and exhaustively).




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Likewise, the linked Directories remain current and fully trusted by the interested parties.

Please explain why the practice is efficient

Creating and maintaining authentic sources and feeding professional directories with data from such sources is the most efficient way to establishing and maintaining publicly accessible professional directories, that stay current, updated and therefore trusted, to qualified users is the way forward, to establishing directory services.

Please highlight the trustworthiness and acceptability of the practice

Legal Aspects

In view of the high legal certainty provided, on one hand, and the ownership of the authentic source, directory and associated services by the professions, on the other hand, the practice is fully trusted and acceptable and trusted by the judiciary, the professionals and the citizens concerned.

Practical Aspects

A key enabler is the use of electronic signatures, which is supported by the e-Signature project for the use of the electronic signature in the judicial communication.

Please highlight the feasibility & transferability

Legal Aspects

Belgian rules form part of the objectives and philosophy of the eIDAS regulation. As such, the practice is readily transferable to other EU national contexts.

Technical Aspects

Although the process of establishing authentic sources, directories and communication flows, is based on national rather than international standards, the philosophy and the approach to establishing trust is based on universal principles of trusted third bodies and it is therefore fully transferable.

Practical Aspects

Belgium is an active contributor to European e-Justice projects such as the family of e-CODEX projects, EJE etc. This is an effective way of enabling transfer of their practice.


The relevant development and work is part of the 2014-2019 legislative period and e-Justice strategy financing.


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Chapter 5: Enforcement

5.1. E-Judgment

Title Issuance of e-judgments


Project member states


Issuance of e-judgments


The issuance of e-judgments is central in the context of e-justice. It constitutes the first step for the dematerialization of the judicial process. An e-judgment shall make easier the e-enforcement steps that shall follow.


The practices with regard to e-judgments differ per PMS. Though not indispensable for e-enforcement, it seems obvious that e-judgment makes easier the e-enforcement.

In this respect we can mention, for example, Estonia and Lithuania. In Estonia the e-judgment is part of the fully evolved e-justice system. In Estonia this is part of the overall personal identification and signing (e-id) system which allows the public to have easy access to state information. Court judgments are issued electronically. The judge or judges who discuss a case shall sign the judgment electronically. The office of the court adds an electronic enforcement notice to the signed judgment when the judgment has gone into force. All courts and all instances issue electronic judgments.

In Lithuania all information about each case heard in courts (procedural documents of parties to the proceedings, parties to the proceedings and other participants in the proceedings, the course of proceedings, procedural documents of court, etc.) is stored in the judicial information system called LITEKO. The system allows to the parties to obtain an enforceable title done in electronic format (adoc.) through the electronic highway.


Communicating a court judgment is the first step in the enforcement procedure. An e-judgment will make easier the e-enforcement. In the two examples we have given, the e-judgment is fully integrated in the further e-enforcement of the decision.

Especially in the cross-border context the existence of the e-judgment would facilitate an efficient and effective enforcement.




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The e-judgment easens the communication among parties and other stakeholders in the enforcement process. In terms of technical aspects, the e-judgment can easily be integrated in the electronic case management system.


E-judgments reduce the administrative and bureaucratic obstacles towards enforcement.


The e-judgment is part of the court and enforcement case management system and is as such maintained under the responsibility of the court system and the Chamber of enforcement agents.


The sustainability and feasibility of the issuance of e-judgments is secured by the fact that it is managed on a State level, i.e. the courts.


N/A


N/A




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5.2. E-Service

Title e-service of documents Belgium


National Chamber of enforcement agents


e-service of judicial and extra-judicial documents


In general, the enforcement procedure is initiated with the service of the enforceable document to the debtor. In this respect, a dematerialized notification procedure can be a positive contribution to a more efficient and effective enforcement procedure.


Belgium has introduced a dematerialized notification procedure in the Judicial Code. In order to notify a document electronically, certain prior conditions must be fulfilled:

The circumstances of the case must allow for this.

The recipient of the deed (private individual or legal entity) must hold an “electronic judicial address”2 or, failing this, an “elected electronic address for service”.3 In the latter case, express prior consent – which can be obtained by dematerialised means – is required.

2 “Electronic judicial address” means “the unique e-mail address assigned by the competent authority to a private individual or a legal entity”. 3 “Elected electronic address for service” means “any other electronic address to which notification can be made in accordance with the Judicial Code, following express prior consent of the recipient for every notification in question”.




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For the e-service a special e-notification platform has been introduced. The e-Notification platform is a communication system through which the requests for service emanating from the public prosecutor’s office are handed over to the territorially competent and available enforcement agent. This platform acts as the authentic source for all records of notification and service: all notifications are recorded within the platform, including all necessary additional information. The platform is also the application that effects electronic notifications and (in the near future) will replace the role of the public prosecutor for service of addressees without a known address.


The service, either traditionally or through electronic means takes place under the responsibility of an independent person, the enforcement agent. The Belgium system is a good and well-thought mixture of the use of traditional and electronic means for service. Focus in the new system of service remains on the interests of the addressee. The shortcomings of a service through electronic means are acknowledged since prior conditions need to be fulfilled: a “guaranteed” electronic address or prior consent of the addressee.

Belgium also paid attention to another important aspect of e-service: the service to addressees with unknown address. The solution with a nominal e-service in an official, state run e-platform is more efficient than the systems that are presently in force in other MS (such as advertisements in the newspaper or service to the prosecutor).


The Belgium system enables a quick service of documents through the use of an e-notification platform. This platform has a central role, acts as the authentic source for recording all documents that were served through the e-notification platform.


The e-notification platform provides a time-saving solution for service of documents.

In the near future, the e-Notification platform will replace the public prosecutor’s office as the address for service for any person lacking an address and who cannot be found by any other means.

The citizen or the company or their lawyer will always be able to consult the records of services using the e-Notification platform.


The system is developed under the responsibility of the Belgian Ministry of Justice. The Belgian National Chamber of enforcement agents is responsible for its processing.


The system is developed under the responsibility of the Belgian Ministry of Justice. The Belgian National Chamber of enforcement agents is responsible for its processing.

There is a solid legal basis for the e-service: the possibility of electronic service to an official electronic address or an elected electronic address for service was enshrined in the Second Miscellaneous Law (Deuxième Loi Pot-pourri).




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The e-Notification platform is the authentic source for all records of notification and service. This means that all notifications are recorded there with all the necessary additional information.

The e-Notification platform will replace the public prosecutor’s office as the address for service for any person lacking an address and who cannot be found by any other means.

The citizen or the company or their lawyer will always be able to consult the records of services using this e-Notification platform.

In the future, it will be possible to initiate proceedings not by means of an originating summons or a petition but anywhere by electronic means.


N/A


N/A

Title e-service of documents Latvia




In general, the enforcement procedure is initiated with the service of the enforceable document to the debtor. In this respect, a dematerialized notification procedure can be a positive contribution to a more efficient and effective enforcement procedure. One of the main problems in the e-service is the necessity of prior consent of the addressee. With the Latvian approach (in future) all residents will have an “official e-address” for service. This will facilitate the e-service of documents.


Latvia will in future introduce the official electronic addresses (E-address). The aim is to ensure a guaranteed, safe and convenient official communication in the electronic environment between state institutions and private persons. The E-address solution will be ensured by the E-address information system - the electronic communication and electronic document flow environment, which is safe and reliable for E-address account users. The first phase of the E-address solution will be created at workplaces of the clients of the State administrative service portal latvija.lv (hereinafter – the “Portal”) and the single module of State information systems.

For private persons there will be created a single electronic environment, in which they will receive all correspondence due to them from state institutions,




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regardless of which state institution intends to contact them and on which matter, at the same time ensuring analogous letters sent by registered mail.

The use of E-addresses will be mandatory for state institutions, merchants and soldiers in reserve. Natural persons not registered as merchants may use E-addresses voluntarily.

E-addresses will start operating from June 1, 2018, the date when soldiers in reserve and state institutions, except for courts, enforcement agents and administrators of insolvency proceedings, shall start using E-addresses.

Courts, enforcement agents and administrators of insolvency proceedings shall start using E-addresses from January 1, 2020 or may start using them voluntarily from January 1, 2019. Private persons who register in the programme agree to communicate with state entities only in the electronic environment.

All services of any kind are effected by enforcement agents.


In most MS where e-service is allowed, such e-service is allowed only provided the addressee accepts explicitly such method of service at first service. The central problem with to render e-service fully operation is that it is dependent on the prior consent of the addressee to this effect. In case residents in a MS are distributed an “official e-address” for service, this might improve the use of e-service.

Latvia further acknowledged the importance of an independent person who remains responsible for such e-service: the enforcement agent.


One of the main problems in the e-service is the necessity of prior consent of the addressee. With the Latvian approach (in future) all residents will have an “official e-address” for service. This will facilitate the e-service of documents. Important is that the e-address solution will be ensured by the E-address information system - the electronic communication and electronic document flow environment, which is safe and reliable for E-address account users.


Activating e-address accounts, persons will declare that they intend to organize communication with institutions only in the electronic environment (at the E-address), thus obliging institutions to send all correspondence to such E-address. The E-address system is the solution for common use, which will be applicable for sending official notices in the electronic environment.


After implementation of e-address system there will be a delivery mechanism which will be mandatory for all legal entities in the country and optional for all natural persons. This service shall be managed by SRDA (State Regional Development Agency) (www.vraa.gov.lv) which is also responsible for government e-services platform www.latvija.lv.


After implementation of e-address system there will be a delivery mechanism which will be mandatory for all legal entities in the country and optional for all natural persons. This service shall be managed by SRDA (State Regional




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development Agency) (www.vraa.gov.lv) which is also responsible for government e-services platform www.latvija.lv


The e-address implementation is expected to create major changes in the landscape of systems currently employed as it should make it much easier to deliver different notices to involved parties and speed up the process.


www.vraa.gov.lv

Title e-service of documents Lithuania




In general, the enforcement procedure is initiated with the service of the enforceable document to the debtor. In this respect, a dematerialized notification procedure can be a positive contribution to a more efficient and effective enforcement procedure.


An enforcement agent shall, in the cases specified by law, notify participants in enforcement proceedings of enforcement actions or procedural decisions using means of electronic communications in accordance with the procedure laid down by the Minister of Justice.

Lithuania has different internet portals that can be used for e-service: www.teismai.lt; www.antstoliai.lt and special information systems: The Court Information System (LITEKO), the Judicial Officer’s Information system (AIS) and eDelivery (e.Boxes) (called e.pristatymas).

The court information system (LITEKO) can be used for e-delivery in addition to the other ways of deliver. The recipient of the procedural document can log in with his/her ID card and receive the document. If the court document was not delivered to the person in his place of residence, the court publishes a notice on the special section of the website www.teismai.lt.

Service of Documents can also be effected through the Judicial Officer’s Information System (AIS). AIS functional structure consists of subsystems and different modules. One of these models is the Module for the Service of the Documents. In this Module, the parties of the executing proceedings (the debtor, the creditor) or their representatives by electronic means are

http://www.latvija.lv/

http://www.teismai.lt/

http://www.antstoliai.lt/

http://www.teismai.lt/




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informed about the electronic case (file) document sent to them by enforcement agent.

In the module it is possible to review all electronic case (file) documents and confirm receipt of these document. In addition, via this Module the enforcement agent can generate a public call to the debtor for implementation of the court decision to be submitted and public announcement. The parties of the executing proceedings (the debtor, the creditor) using this AIS system Module can also submit all documents electronically to the enforcement agent. In essence, this model implemented two-way electronic data exchange.

The last method, eDelivery provides is a hybrid document delivery system in Lithuania: The information transmitted electronically to the Lithuanian Post is automatically printed, placed in envelopes and subsequently delivered to the recipients by registered mail. Log in to the e-delivery system - www.epristatymas.lt - can any resident or business of Lithuania. Electronic shipments via the e-delivery system are sent free of charge.

The evidentiary power of the e-service is full if effected by a enforcement agent, with the consent of the addressee or if served on its attorney. The e-box also places a central role in this respect. Service in only done by enforcement agents.


The Judicial Officer’s Information System (AIS) enables residents and business entities to participate in the process of debt enforcement and take part in auctions. AIS's functional structure consists of subsystems and modules, their functions, data processing processes, user and user services, and external data integration interfaces. The information system consists of subsystems, for example, the Electronic Enforcement Case Sub-System.

One of these modules is the Module for the Service of the Documents. In this Module, the parties of the executing proceedings (the debtor, the creditor) or their representatives by electronic means are informed about the electronic case (file) document sent to them by enforcement agent.

In the module it is possible to review all electronic case (file) documents and confirm receipt of these document. In addition, via this Module, the enforcement agent is able to generate a public call to the debtor for implementation of the court decision to be submitted and public announcement. The parties of the executing proceedings (the debtor, the creditor) using this AIS system Module can also submit all documents electronically to the enforcement agent.

The e-delivery technology allows items to be sent between electronic mailboxes – or turned into traditional mail, by printing and inserting items into envelopes before a standard postal delivery.


Both AIS and the service through e-delivery enable electronic communication between the different stakeholders in the enforcement




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process. Documents can be submitted electronically and all data are accessible for parties in the enforcement procedure.


The parties of the executing proceedings (the debtor, the creditor) using this AIS system Module can also submit all documents electronically to the enforcement agent. This model implements a two-way electronic data exchange.

Documents obtained through the eDelivery system have the same legal power as registered letters. The technology allows items to be sent between electronic mailboxes – or turned into traditional mail, by printing and inserting items into envelopes before a standard postal delivery. The implemented e-delivery project is another step towards the efficient use of information and communication technologies that enables to create convenient, easily accessible, and useful electronic services for the delivery of electronic messages and documents to private and legal persons.


The eDelivery system is developed under the project for Electronic services for messaging and electronic document delivery to natural and legal persons. The eDelivery system is owned and managed by the Ministry of Transport and Communications of the Republic of Lithuania.

The project is implemented by the Information Society Development Committee under the Ministry of Transport and Communications of the Republic of Lithuania along with the partner AB Lietuvos paštas. After the activation, registered correspondences sent by state institutions (public sector) will be submitted or received in real time via a common electronic channel.


The eDelivery system has been developed based on best practice seen in similar projects in the Czech Republic, Hungary, Switzerland and Spain.

The eDelivery system is legally regulated, under legislation adopted in November 2012, and so has the same legal and official status as equivalent postal items. Unlike email, it is not enough to know the log-in and password in order to receive or send an e-item. The user can log into the e-delivery box only by providing identification at e-Government gateways. The system is subject to high security requirements – the contents of documents are inaccessible to third parties since the items are encrypted.


The technology allows items to be sent between electronic mailboxes – or turned into traditional mail, by printing and inserting items into envelopes before a standard postal delivery.

Unlike email, it is not enough to know the log-in and password in order to receive or send an e-item. The user can log into the e-delivery box only by providing identification at e-Government gateways. The system is subject to high security requirements – the contents of documents are inaccessible to third parties since the items are encrypted.




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Legal basis: Order of the Minister of Justice of the Republic of Lithuania, August 2, No 1R-205 "On Approval of the Description of the Procedure for Submission of Documents to the Judicial Officers and Their Serving to the Persons by electronic means of communication”.

Accessible at: https://www.e-tar.lt/portal/lt/legalAct/TAR.A9FFD517C4AD

https://www.e-tar.lt/portal/lt/legalAct/TAR.A9FFD517C4AD




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5.3. Attachment on movables

Title Attachment on movables Estonia


Estonia Chamber of enforcement agents and bankruptcy administrators


Attachment on movables; prohibition of disposition


The attachment on movables is followed by a registration of the movable in the related register. This avoids that the assets are disposed by the debtor.

Description of practice The enforcement agent prepares a property seizure act about movable property. Though it is allowed to do this on paper, as a rule it is prepared electronically and signed digitally by the enforcement agent.

The enforcement agent delivers the seizure act to the debtor. If the movable property is entered in a register, the enforcement agent will send the seizure act to the keeper of the relevant property register, who adds a notation on prohibition of disposition about the debtor’s property to the register entry (the Traffic Register, Commercial Register, Central Register of Securities).


The immediate electronic registration of the seizure provides that the debtor disposes of the seized assets.




The immediate electronic registration of the seizure provides that the debtor disposes of the seized assets. This avoids that assets disappear prior to a public sale.


The electronic registration of the movables has a legal basis. Registers are obliged to cooperate.


There is a legal basis for the registration.






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N/A

Title Attachment movables Lithuania


Lithuanian Chamber of enforcement agents


Attachment on movables


Attachment on movables also includes registration of such attachment in the special Register of Property Seizure Acts.

Description of practice The Attachment of a debtor Asset is a forced prohibition on the proprietary right to the debtor's property or a separate prohibition or restriction on the separate components of this right. The enforcement agent seizes the debtor's property by signing with e-signature an asset seizure act (no other possibilities exist) and transmitting it through the enforcement agent’s Information System (AIS) to the Register of Property Seizure Acts.

The seizure of property enters into force from the date of publication of the property seizure act to the debtor, and if it is not possible to publish it, - from the registration of the property seizure act in the Register of Property Seizure Acts.

The data of this Register of Property Seizure Acts must be followed by all other registers. So if the debtor wants to (de)register a tractor or a vehicle, he will not be able to do so, because the Tractor Register and the State Register of Vehicles will notice the seizure of this vehicle.


Contrary to other countries, in Lithuania all seizures of movables are registered in the special Register of Property Seizure Acts. The information in this register is leading for all other registers where the movables could be registered.




The immediate electronic registration of the seizure provides that the debtor disposes of the seized assets. This avoids that assets disappear prior to a public sale.




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The electronic registration of the movables has a legal basis. Registers are obliged to cooperate.


There is a legal basis for the registration.




Law on the Register of Property Arrest Acts of the Republic of Lithuania (is not available in English). Accessible at:

https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.415887

https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.415887




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5.4. Attachment on immovables

Title Seizure immovables Estonia and the Netherlands


Estonia Chamber of enforcement agents and bankruptcy administrators

Royal Dutch Professional Organization of enforcement agents


Attachment immovables


Electronic seizure of immovables


In Estonia, in order to seize real property, the enforcement agent prepares a property seizure act about immovable property, which as a rule is prepared electronically and signed digitally by the enforcement agent. The enforcement agent serves the seizure act on the debtor and electronically requests the keeper of the Land Register (via the Land Register’s information system) to have the seizure registered.

A similar system is used in the Netherlands. The Dutch enforcement agent uses an e-tool, called web-ELAN. The seizure act is produced in a regular PDF format. The document is uploaded, through the web-ELAN tool, using a digital signature. The Land Register automatically controls the compliance of the uploaded document and will the document will be given a time-stamp.


The immediate electronic registration of the seizure provides that the debtor disposes of the seized immovables or avoids or that the real estate is brought under (another) mortgage.


The immediate electronic registration of the seizure provides that the debtor disposes of the seized assets or that the real estate is brought under (another) mortgage.


The immediate electronic registration of the seizure provides that the debtor disposes of the seized assets or that the real estate is brought under (another) mortgage.


The electronic registration of the immovables has a regulative basis. The system is managed by both the Land Register and the National Chamber of enforcement agents.


There is a regulative basis for the registration.




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Since the landregister (in the Netherlands) is a public register, the (immediate) registration of the seizure on immovables is visible for all interested parties.


https://www.kadaster.nl/-/web-elan

https://www.kadaster.nl/-/web-elan




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5.5. e- Auction

Title Electronic auction platform Portugal


Ordem dos Solicitadores e dos Agentes de Execução


Solicitors and Enforcement Agents National Association


E-auction


E-auctions in Portugal are carried out through a central e-platform (www.e-leiloes.pt), operated by the Solicitors and Enforcement Agents National Association. Enforcement agents enter assets to be auctioned to registered users. The platform is easily accessible, user-friendly, and greatly facilitates the auctioning process.


The e-auction is the preferred method for carrying out auctions of movable and immovable property in Portugal. E-auctions are regulated by the Ministry of Justice (Despacho No 12624/2015) in accordance with the rules on attachment found in the Portuguese Code of Civil Procedure. Assets are entered on the electronic platform www.e-leiloes.pt, created and operated by the Solicitors and Enforcement Agents National Association.

The process concerns auctions of assets for which an enforcement agent has already been designated. Assets are entered for auction by the agent, who is also responsible for submitting all information required by relevant laws and regulations. After an auctioning fee is paid and the time and date of the auction as well as the place where the certification of completion will be provided are set a confirmation email is sent to the agent. The value of the assets is determined by the enforcement agent in accordance with tax value (immovable property) or market value (movable and immovable property). The agent then notifies the debtor, the creditor, and other creditors with guarantees accordingly, preferably via electronic means. In case of disagreement between them, the final decision is made by a judge. No appeal is permitted is this case.

Any registered user may submit an offer on the assets available on the platform until a fixed deadline. If no bid is made, or the bids fall below the price determined, a private negotiation takes place, also through the e-leilões platform, in accordance with article 832 of the Code of Civil Procedure.

http://www.e-leiloes.pt/






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The e-auction process in Portugal is efficient, speedy, and accessible. It is carried out through one central e-platform, administered by key stakeholders, increasing transparency and sustainability. It is widely utilized and offers a number of transferable elements, which can be effective in different national frameworks.


E-auction in Portugal is widely utilized, easy-to-use and accessible to all interested parties. It is already established as the preferred auctioning method in Portugal.


The e-auction reduces time and bureaucratic obstacles and facilitates communication between the parties involved. The platform employs an integrated approach to e-auctions, addressing all aspects of the procedure from beginning to end and providing a forum for private negotiations in case of failure of the open bidding process.


The e-leilões platform operates under the aegis of the Portuguese Ministry of Justice. It follows Civil Procedure laws and regulations and is administered by the Solicitors and Enforcement Agents National Association.


The platform is public and easily accessible by all via a simple registration process. Its sustainability is ensured by the fact that is operated by a competent public body, the Solicitors and Enforcement Agents National Association.


E-auctions are carried out through one central platform created and operated by key stakeholders with direct knowledge of the needs in this area

The platform offers easy access to all interested parties; enforcement agents are able to enter assets and potential buyers can enter their offers with just a few mouse clicks

The website is easy to navigate; the home page includes tabs for all the different categories of assets available, FAQs, as well as an area for registration

The website is easy to find as e-leilões means e-auctions in Portuguese


www.e-leiloes.pt





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Title Electronic auction-Lithuania


Chamber of Judicial Officers; State Enterprise Centre of Registers


Electronic auction


All auctions in Lithuania are performed electronically, via the www.evarzytynes.lt platform. Judicial officers are responsible for their administration and registered users from Lithuania and abroad may participate. The process offers a high degree of automation, including an option for automatic bidding, which minimises time and cost deficiencies substantially.


E-auctions in Lithuania are administered through the Judicial Officers Information System (AIS), which operates officially under the Ministry of Justice. The system was created by judicial officers and lawyers of the Chamber of Judicial Officers using EU and Government funds, and is administered by the Chamber of Judicial Officers and the State Enterprise Centre of Registers. All immovable and movable property auctions are administered by judicial officers, and, as of 1 January 2013, are performed exclusively via electronic means (e-auctions), carried out on a dedicated platform, www.evarzytynės.lt. As of November 2015, bankruptcy auctions, auctions of municipalities, as well as auctions of Turto Bankas (Property Banks) and auctions of other institutions, executed by Turto Bankas, are also carried out electronically, through the same platform.

Open auctions are announced on www.evarzytynės.lt, along with information on the auctioned property, which includes a brief description, photographs and its location, the auction’s starting price, and the participants’ fee. The fee is deducted from the final bid. The process for registering and the rules of the auction are detailed in the announcement. Participants may login to the e-auction portal using e-banking or electronic signature and can trial the process before officially entering the auction. All necessary documents uploaded are automatically verified by the Residents’ Register. A payment order is also automatically generated and the registration process is completed once the payment is made. Persons eligible to participate in e-auctions include Lithuanian and foreign citizens and legal entities with electronic banking systems available in Lithuania or an electronic signature issued in Lithuania. Legal entities may participate in an auction indirectly, through the assistance of an authorised representative. There are no restrictions on the number of auctions participants may enter simultaneously. The judicial officer organising an auction, other judicial officers and office staff working in the same judicial officers’ office, as well as close relatives and spouses (partners) of these persons are excluded from participating.

http://www.evarzytynes.lt/

http://www.evarzytynės.lt/

http://www.evarzytynės.lt/




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Each auction remains open for at least 30 days, or 20 days if it concerns movable property with a value of less than 30,000 Euros. The auction is considered open from the moment the announcement is uploaded on the online portal www.evarzytynes.lt. As of August 2014, an automatic bidding function is also available, whereby participants specify a starting bid, a maximum bid, and a bidding increment and their bids are placed automatically through the system. At the end of an auction, the system automatically selects the highest bidder.

Auctions are public; however, the electronic process ensures confidentiality. The bidders’ identity is known to neither the potential buyers nor the judicial officer organising an auction. The registered participants are only able to see their own bids and the highest bid in the electronic auctioning system. The judicial officer will receive information about the highest bidder only when the auction ends.

After the closing of bids, the judicial officer organising the auction will receive an electronic message about the winning bidder within one business day. The winning bidder will receive a message in a standardised form. The judicial officer will draw up a property sale certificate within three business days following the payment of the full bid price. In accordance with Article 715 of the Code of Civil Procedure, once the buyer signs this certificate, the right of ownership of the auctioned property will be transferred to them.


Auctions in Lithuania are exclusively performed electronically, through a centralized, user-friendly, and streamlined process which ensures efficiency and cost effectiveness, while facilitating maximum participation. The accessibility of the e-auctions platform, which is also available in English, and the high degree of automation, among other factors, have contributed to the great success of the practice and have rendered it a model example for e-auction systems in general.


According to data from the time period of 2013 to 2016, 29 738 auctions were announced on the www.evarzytynes.lt platform, while property of a total value of 176 000 000 € has been auctioned.

The simple participation requirements, the electronic submission and evaluation of documents, and the platform’s accessibility to users worldwide have ensured the effectiveness of the practice.


E-auctions in Lithuania are performed through a streamlined and highly automated process, which ensures maximum efficiency. Key elements of automation include: automatic evaluation of submitted documents, automatic generation of payment orders, option for automatic bidding with a set maximum and minimum bid, as well as bidding increments.

The procedure following the award is also highly efficient, with strict deadlines for the final transfer of the auction property to the buyer. Communications are conducted electronically and are also partly automated.






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E-auctions are administered by Judicial Officers, while the platform is operated by the Chamber of Judicial Officers and the State Enterprise Centre of Registers, under the aegis of the Lithuanian Ministry of Justice. Transparency and confidentiality are ensured, while potential bidders retain the option of personally visiting the property before bidding on it, which is facilitated by the information provided through the platform.


E-auctions have been tested as an exclusive method for conducting auctions in Lithuania since 2013, and have a proven record of effectiveness and sustainability. The process is regulated by law and run by competent public bodies, ensuring continuity.


E-auctions are carried out through one central platform created and operated by key stakeholders with direct knowledge of the needs in this area, and supported by the national government

The whole process is highly automated

The platform offers easy access to all interested parties and is available in both English and national language, facilitating the participation of foreign bidders

The website is easy to navigate; the home page is minimal but contains all relevant information, including categories of properties available for auction, user instructions, and data protection policies

The website is easy to find; evaržytynės means e-auctions in Lithuanian.


EU funds, Lithuanian Government funding


https://www.evarzytynes.lt/evs/

https://www.evarzytynes.lt/evs/




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Title Electronic auction platform Greece


Συμβολαιογραφικός Σύλλογος Εφετείων Αθηνών-Πειραιώς-Αιγαίου & Δωδεκανήσου


Notarial Associations of Αppellate Courts of Athens, Pireaus, Aegean and the Dodecanese


Electronic auctions


An e-auction is carried out by a certified for that purpose auctioneer (notary public) by means of electronic auction platform. The ownership, administration and management of electronic auction systems is the responsibility of the competent local Notarial Association (https://www.eauction.gr/). Electronic auction systems contain all the information contained in the extract from the seizure report. The online auction involves bidders who have previously been certified in electronic auction systems.


Each candidate bidder shall declare his participation in a particular auction in accordance with the terms thereof after having paid the requested guarantee two working days prior to the specified auction date. The charge for use of the systems for conducting the electronic auction shall be paid by the auctions outbidder. The deposit of the guarantee, the fee for the use of the electronic auction systems and the auction proceeds is made exclusively in a special bank account which will be kept by the auctioneer at a Greek Banking Institution. Each possible tenderer appoints a proxy resident in the area District Court of the place of enforcement two working days prior to the specified auction date, otherwise the Register of the Court of First Instance of the place of enforcement is regarded as proxy.

The e-auction auctioneer after the set deadline checks the submitted files, ascertains until 17.00 of the previous day of the e-auction, the accordance of the formalities specified above and submits to the electronic auctioning systems a list of the candidate bidders that are entitled to participate. Electronic auctions are held on a Wednesday or Thursday or Friday. In the case of a last minute bid, a five-minute extension is automatically granted. An electronic auction is an open-ended type in which successive bids are submitted. Participants bid continuously higher than the maximum bidding until the auction deadline.

All the submitted bids are recorded in the electronic systems. With the submission of the bid, the bidders are immediately informed by the system for the amount of their bid, the exact time of submission, and that it has been recorded. Each bidder is informed of the maximum bid submitted. All bidders taking part in an electronic auction are immediately informed by the system of

https://www.eauction.gr/




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any suspension, termination or discontinuation of the auction, as well as its cause.

At the end of the bidding process, the result is announced via the electronic systems. The auctioneer compiles the report, by awarding the auctioned items to the outbidder. In the electronic auction of moveables, the outbidder has the obligation to pay the auction proceeds and fees to the special bank account of the auctioneer no later than the third working day after the auction. Only upon payment of the auction proceeds and fees, the award shall be handed over to the outbidder.

The auctioneer must deposit the auction proceeds to the Consignments and Loans Fund, not later than the fifth working day after the auction. The deposit of the auction is not subject to seizure, does not fall upon bankruptcy procedures and is not subject to the obligations imposed by the State to safeguard its interests. Within the next working day from the expiration of the aforementioned deadline, the auctioneer shall remit the use fee to the relevant Notarial Association of which he is a member. In the electronic auction of immovables, the outbidder has the obligation to pay the auction proceeds and fees to the special bank account of the auctioneer no later than the tenth working day after the auction.

The auctioneer must deposit the auction proceeds at the Consignments and Loans Fund no later than the 12th working day after the auction. The deposit of the auction is not subject to seizure, does not fall upon bankruptcy procedures and is not subject to the obligations imposed by the State to safeguard its interests. Within the next working day from the expiration of the aforementioned deadline, the auctioneer shall remit the use fee to the relevant Notarial Association of which he is a member.


The e-auction process in Greece respects open and transparent principles as it ensures accessibility and allows constant competition which in turn can bring the best result possible. The platform is provided in both English and Greek and its ownership, administration and management falls under the responsibility of the competent local Notarial Association enhancing its sustainability.


Although the e-auction platform is newly established (end of 2017), it accommodates a large number of e-auctions and it seems that it is widely used. In terms of technical and practical aspects, it provides a very user-friendly environment by applying a very simple and well-structured design. The platform’s language is Greek and English and users can easily be informed of the steps that they have to follow in order to participate in an e-auction. In terms of legal aspects, it secures transparency and constant competition which secures the best result possible.


Time reduction is the key element that makes the practice efficient. Moreover, e-auctions reduces administrative and bureaucratic obstacles.




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The ownership, administration and management of electronic auction systems falls under the responsibility of the competent local Notarial Association


The sustainability and feasibility of the e-auction platform is secured by the fact that it is administered by local body, namely the Local Notarial Association.


E-auctions are carried out by an e-platform which is user friendly and easy to navigate.

A user can easily find the required e-auction as he/she can perform a search based either on the date of conduct of the auction or on the date of posting or on the debtor name or on the object to be auctioned (Mobile, Other, Real Estate).

The web site is easy to find a e-auctions.







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5.6. Attachment on bank accounts

Title Electronic attachment on bank accounts in Estonia


Estonian Chamber of enforcement agents and bankruptcy administrators


Attachment on bank accounts


Electronic attachment of funds on the bank accounts of the debtor is more efficient and cost effective.


The enforcement agent uses an electronic system for seizing bank accounts. The electronic seizure system is an information channel created between the Enforcement Procedure Register (the electronic case management system), the Register of Taxable Persons (the Tax Board) and the credit institutions information system.

The electronic system guarantees the seizure of the debtor’s account and passes on requests about the acts related to the management of the seizures on the bank accounts electronically to credit institutions. The system enables making queries about data in the possession of credit institutions and guarantees that the expressions of will of the parties are sent immediately and securely.

Enforcement agents can access the debtor’s bank account balance electronically via this system prior to the seizure of the bank accounts. The enforcement agents have no access to the transaction entries in the debtor’s bank account. The enforcement agents may contact the specific bank for information about the bank accounts via the seizure system before seizing the accounts.

The bank seizes the account on the basis of the seizure act sent by the enforcement agent to the extent indicated in the act.

The money in the account is transferred to the occupational account of the enforcement agent in the amount indicated in the seizure act. If there is less money in the account at the time of the seizure than indicated in the seizure act, the amounts received in the account after the seizure will also be deemed as seized to the extent of the shortfall.

The amounts received in the account after the seizure are transferred to the occupational account of the enforcement agent until the amount indicated in the seizure act has been covered. The exchange of information about the transfers of money in the event of the seizure of a bank account takes place electronically.




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In the event the enforcement agent does not have advance knowledge of the bank account number(s) that the debtor may hold, the enforcement agent will organise a bank account attachment procedure in the form of a ‘fishing expedition’. The enforcement agent will effect attachment with multiple attempts by applying to the main banking institutions that could house an account that might be held by the debtor who is being sued. Electronic attachment with (prior) electronic access to whether or not a debtor is banking with a certain bank is more efficient and cost-effective and will reduce the costs of enforcement substantially.


Enforcement agents are able to make queries about data in the possession of credit institutions (i.e. have access to the debtor’s bank account electronically prior to the seizure of the bank account. The seizure and the communication with the bank is done electronically which is time saving and cost effective. The access of the information also avoids unnecessary enforcement costs since “fishing expeditions” are not necessary.


Time reduction and cost effectiveness (including reduction of costs) are the main elements.


The system is administered by the Chamber of enforcement agents and developed between the Enforcement Procedure Register, the Register of Taxable Persons (the Tax Board) and the credit institutions information system.


The sustainability and feasibility of the e-seizure system is secured by the fact that it is administered by the Chamber of enforcement agents and developed between the Enforcement Procedure Register, the Register of Taxable Persons (the Tax Board) and the credit institutions information system.


The attachment on the bank account through the service of papers on the banks is inefficient.

The prior access (before the attachment) to information on existing bank accounts of debtors avoids “fishing expeditions” and unnecessary enforcement costs.


N/A




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Title Electronic attachment on bank accounts in Lithuania


Lithuanian Chamber of enforcement agents


Attachment on bank accounts


Electronic attachment of funds on the bank accounts of the debtor is more efficient and cost effective


Since September of 2015, the attachement of the debtor’s bank accounts is made through the Monetary Fund Restriction Information System (PLAIS) (Piniginiu lesu apribojimo informacine sistema). The Enforcement agents Information System was supplemented by this new electronic debt management tool.

In the System the data of 18 different institutions are integrated as well as all data, which the enforcement agents have on debts and their recovery progress.

The Enforcement agent is able to access all information on the bank accounts electronically, prior to the attachment. The enforcement agent is authorised to electronically attach the debtor’s bank account. The system is fully automatic and also automatically takes care of the proportional distribution of recovered funds from the debtors to all the enforcement agents (and other institutions) according to the size of their claims. In this respect, PLAIS ensures the equality of all debt-collectors: both public institutions and companies, as well as natural entities receive the relevant amount of recovered funds at the same time. There is no priority anymore for claims from public authorities such as taxes.

PLAIS checks all accounts every day and distributes the necessary amounts of funds for the recovery of debts.

Orders of Enforcement agents to limit the disposal of monetary funds or to write-off forcibly the monetary funds of a debtor are communicated electronically to all credit institutions. (Credit institutions not only means the commercial banks carrying out their activities in Lithuania, their branches and other credit institutions, but also a number of credit unions belonging to the Lithuanian Central Credit Union). All these banks and credit institutions are connected to PLAIS. This minimizes as much as possible the possibility that the debtor might keep funds in a “hidden” account.


In the event the enforcement agent does not have advance knowledge of the bank account number(s) that the debtor may hold, the enforcement agent will organise a bank account attachment procedure in the form of a ‘fishing expedition’. The enforcement agent will effect attachment with multiple attempts by applying to the main banking institutions that could




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house an account that might be held by the debtor who is being sued. Electronic attachment with (prior) electronic access to whether or not a debtor is banking with a certain bank is more efficient and cost-effective and will reduce the costs of enforcement substantially.

Before this system went into force, the State Tax Inspectorate, the State Social Insurance Board under the Ministry of Social Security and Labour and the Customs Department of the Republic of Lithuania recovered debts from their debtor’s accounts in the banks without addressing to the enforcement agents. Now these public authorities use the same system. Besides the automatic system of distribution of funds has become more accurate since there is no longer a priority for claims from public authorities.

PLAIS will no longer enable debtors to hide their accounts. The system checks all accounts every day and distributes the necessary amounts of funds for the covering of debts. Orders of Judicial Officers to limit the disposal of monetary funds or to write-off forcibly the monetary funds of a debtor are transferred to all credit institutions by means of electronic communication.


Enforcement agents are able to make queries about data in the possession of credit institutions (i.e. have access to the debtor’s bank account electronically prior to the seizure of the bank account. The seizure and the communication with the bank is done electronically which is time saving and cost effective. The access of the information also avoids unnecessary enforcement costs since “fishing expeditions” are not necessary.


Time reduction and cost effectiveness (including reduction of costs) are the main elements.


The system is managed by the State enterprise Centre of Registers. In the system not only the enforcement agents but also banks, credit institutions and the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania (hereinafter referred to as the State Tax Inspectorate), the State Social Insurance Board under the Ministry of Social Security and Labour, territorial departments of the State Social Insurance Fund Board and other institutions of the State Social Insurance Board, the Customs of the Republic of Lithuania, the Bank of Lithuania, the State Enterprise Centre of Registers cooperate.


The sustainability and feasibility of the e-seizure system is secured by the fact that it is administered by the Chamber of enforcement agents and developed between the Enforcement Procedure Register, the Register of Taxable Persons (the Tax Board) and the credit institutions information system.

Please highlight transferrable

The attachment on the bank account through the service of papers on the banks is inefficient.




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elements of the practice

The prior access (before the attachment) to information on existing bank accounts of debtors avoids “fishing expeditions” and unnecessary enforcement costs.

The equal distribution of funds among public institutions and companies, as well as natural entities easens the automatic distribution of recovered funds.


N/A