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EU Judgment Recognition

District Court Rules

 

Amendment to Order 51A

S.I. No. 617 of 2015:

District Court (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) Rules 2015

1. (1) These Rules, which shall come into operation on the 30th day of December 2015, may be cited as the District Court (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) Rules 2015.

(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2015.

(4) Notwithstanding the commencement of these Rules, any application to the District Court concerning:

(i) a judgment given in legal proceedings instituted in a Member State of the European Union (other than the State) before 10 January 2015;

(ii) an authentic instrument formally drawn up or registered before 10 January 2015, or

(iii) a court settlement approved or concluded before 10 January 2015,

which falls within the scope of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and enforcement of judgments in civil and commercial matters may be commenced, continued and determined as if these Rules had not come into force.

2. The District Court Rules are amended:

(…)

(vii) by the insertion in Order 51A immediately following sub-rule (6) of rule 3 of the following sub-rule:

“(7) Where the debt to which the applications relates arises from

(i) a judgment given in legal proceedings instituted in a Member State of the European Union (other than the State) on or after 10 January 2015;

(ii) an authentic instrument formally drawn up or registered in legal proceedings instituted in a Member State of the European Union (other than the State) on or after 10 January 2015, or

(iii) a court settlement approved or concluded in legal proceedings instituted in a Member State of the European Union (other than the State) on or after 10 January 2015 which falls within the scope of the Jurisdiction Regulation (as defined in Order 41B, rule 1(1)), the statutory declaration by or on behalf of the creditor must also:

(a) exhibit the documents referred to in Article 42(1) or, as the case may be, Article 42(2) and, where required, Article 42(3) or Article 42(4) of the Jurisdiction Regulation, and

(b) include proof of service of the certificate issued pursuant to Article 53 of the Jurisdiction Regulation in the manner provided by Article 43 of the Jurisdiction Regulation, and

(c) confirm whether or not the requirements of Article 43(2) (as to service of a translation of the judgment) apply and if so, that they have been complied with.”

(…)

Circuit Court Rules

Order 61

Provision of documentation pursuant to section 14 of the

Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998

1. In the case of a judgment or order of the Circuit Court sought to be enforced in another contracting state, the County Registrar shall, at the request of an interested party, give such party a copy of the order or decree and written judgment (if any) of the Court, duly authenticated by the Seal of the Court impressed thereon and the signature of the County Registrar.

2.[1] An application for a certificate pursuant to Section 14 (b) of the 1998 Act shall be made on Affidavit to the County Registrar, which Affidavit shall:

(a) be entitled with the title of the proceedings in respect of which enforcement is sought and bear the record number of the proceedings,

(b) state the nature of the proceedings,

(c) state the particular provision or provisions of the 1968 Convention by which the Court assumed jurisdiction,

(d) state the date on which the time for the lodging of an appeal against the judgment or decision will expire or, if it has expired, the date on which it expired,

(e) state whether notice of appeal against or notice of an application to extend the time for the bringing of an appeal against, or in any case where the defendant does not appear, a notice to set aside, the judgment or decision has been entered,

(f) where the judgment is for the payment of a sum of money, state the rate of interest, if any, payable on the sum and the date from which interest is payable,

(g) include annexed thereto a certified true copy of the Civil Bill or other originating document by which the proceedings were commenced.

3. The certificate provided pursuant to Section 14 (b) of the 1998 Act shall be in accordance with Form 40 in the Schedule of Forms and shall be signed by the County Registrar and shall be authenticated by the seal of the Court and have annexed to it a certified true copy of the Civil Bill or other originating document by which the proceedings were commenced.

4. In the case of a judgment in default of appearance, the affidavit grounding an application under Rule 2 above shall, in addition, for the purpose of applying for a document certified under Section 14 (c) of the 1998 Act, exhibit a certified true copy of the affidavit or document, with any exhibit thereto, which establishes that notice of the institution of proceedings was served on the person in default and the County Registrar shall certify that the said document is a true copy of the document relied upon by the Court on giving judgment.

[1] Order 61 rule 2(d) and 2(e) substituted by SI 597 of 2014, effective 19 December 2014.
[1] Order 61 may need to be read in accordance with SI 882 of 2004, which provides that the order referred to therein be construed with the provisions of SI 882 of 2004. In relation to Order 61 SI 882 of 2004 provides

Order 61A

Jurisdiction and the Recognition and Enforcement of Judgments and Decisions of the Circuit Court in Civil or Commercial Matters :

S.I. No. 618 of 2015

1.[1] Order 61 of these Rules shall apply to the provision of documentation pursuant to Article 53 of Regulation No. 1215/2012, Article 54 or Article 58 of the Lugano Convention, Article 39 of Council Regulation (EC) No. 2201/2003 and Articles 20(1) and 48(3) of the Maintenance Regulation, and an application for such documentation shall be made in like manner as an application under Order 61, rule 2 save that the Affidavit grounding the application shall:

i. state the particular provision or provisions of the Regulations aforementioned, or of the Lugano Convention, by which the Court assumed jurisdiction,

ii. provide the other details required in paragraphs (a), (b), (d), (e), (f) and (g) of rule 2 of Order 61,

iii. give such further information not provided in accordance in sub-paragraph (ii) as is required to be provided in Form 40A, 40B, 40C, 40D or 40E (as the case may be) as is within the applicant’s knowledge, in the sequence in which the information appears in the Form concerned.

2.[2] (1) The certificate provided pursuant to Article 53 of Regulation No. 1215/2012 shall be in accordance with Form 40A in the Schedule of Forms.

(2) The certificate provided pursuant to Article 54 or Article 58 of the Lugano Convention shall be in accordance with Form 40E in the Schedule of Forms.

(3) The certificate provided pursuant to Article 39 of Council Regulation (EC) No. 2201/2003 shall be in accordance with Form 40B or Form 40C, as appropriate, in the Schedule of Forms and shall be signed by the County Registrar and shall be authenticated by the seal of the Court and have annexed to it a certified true copy of the Civil Bill or other originating document by which the proceedings were commenced.

(4) The extract provided pursuant to Articles 20(1) and 48(3) of the Maintenance Regulation shall be in accordance with Form 40D in the Schedule of Forms.

3. In the case of a judgment in default of appearance, the Affidavit grounding the application under rule 1 shall, in addition, exhibit a certified true copy of the affidavit or document, with any exhibit thereto, which establishes that notice of the institution of proceedings was served on the person in default and the County Registrar or person authorised in that behalf shall certify that the said document is a true copy of the document relied upon by the Court on giving judgment.

4. [3] (1) In this rule, the expressions “Contracting State” and “Convention” each has the meaning assigned to it by the Choice of Court (Hague Convention) Act 2015.

(2) In the case of a judgment or decision of the Court sought to be enforced in another Contracting State:

(a) the County Registrar shall, at the request of an interested party, give such party a copy of the order and the written judgment (if any) of the Court duly authenticated, and

(b) any application for the document referred to in Article 13(1)(d) of the Convention signed by the County Registrar shall be made on affidavit to the County Registrar.

(3) The affidavit by which an application mentioned in sub-rule (2)(b) is made shall:

(a) specify the judgment or decision concerned and exhibit a certified copy thereof;

(b) contain an averment that the court had jurisdiction to give the judgment or decision concerned pursuant to an exclusive choice of court agreement enforceable in the State;

(c) state the date on which the time for the lodging of an appeal against the judgment or decision will expire or, if it has expired, the date on which it expired;

(d) state whether notice of appeal against, or in any case where the defendant does not appear, a notice to set aside, the judgment or decision has been entered;

(e) confirm that the judgment or decision is not the subject of a stay remaining unexpired, and

(f) state whether the judgment is for the payment of a sum of money, the rate of interest, if any, payable on the sum and the date from which interest is payable.

(4) The document referred to in Article 13(1)(d) of the Convention and in sub-rule (2)(b) shall be in the Form 40F in the Schedule of Forms.

 

[1] Order 61A substituted by SI 597 of 2014, effective 19 December 2014.
[1] Order 61A substituted by SI 618 of 2015, effective 30 December 2015.
[1] Order 61A rule 1 substituted by SI 432 of 2016 , effective 1 September 2016.
[1] Order 61A rule 2(1) and 2(2) substituted by SI 432 of 2016, effective 1 September 2016.
[1] Order 61A rule 4 inserted by SI 172 of 2016, effective 19 May 2016.

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