European Communities (European Order for Payment) Regulations 2008

• Statutory Instrument No.: 525/2008
• Published date: 12 December 2008

S.I. No. 525 of 2008

EUROPEAN COMMUNITIES (EUROPEAN ORDER FOR PAYMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th December, 2008.

I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving full effect to Regulation (EC) No. 1896/2006 of 12 December 2006 1 creating a European order for payment procedure, hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Communities (European Order for Payment) Regulations 2008.

(2) These Regulations shall come into operation on 12 December 2008.

Interpretation

2. (1) In these Regulations “Order for Payment Regulation” means Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 20061 creating a European order for payment procedure.

(2) Unless provided otherwise, a word or expression used in these Regulations and in the Order for Payment Regulation has the same meaning in these Regulations as it has in the Order for Payment Regulation.

(3) References in these Regulations to numbered Articles without qualification are references to the Articles so numbered of the Order for Payment Regulation.

Application for a European order for payment and statement of opposition

3. (1) Subject to paragraph (2), an application for a European order for payment in accordance with Article 7(1) shall be made to and determined by the High Court.

(2) The functions of the High Court under Articles 8, 9, 10, 11, 12 and 18 shall be performed by the Master of the High Court.

(3) A defendant wishing to lodge a statement of opposition to a European order for payment in accordance with Article 16 shall lodge that statement with the Central Office of the High Court.

Amendment of section 25 of Courts and Court Officers Act 1995

4. Section 25 of the Courts and Court Officers Act 1995 (No. 31 of 1995) is amended by the substitution of the following subsections for subsection (5):

“(5) Subject to subsections (5A) and (5B), all orders of the Master of the High Court shall be subject to appeal to the High Court.

(5A) Subsection (5) does not apply in relation to an order of the Master of the High Court for the issuing of a European Enforcement Order certificate pursuant to Article 10(4) of Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims.

(5B) Subsection (5) does not apply in relation to an order of the Master of the High Court—

(a) for the rejection of an application for a European order for payment pursuant to Article 11(1) of the Order for Payment Regulation,

(b) for the issue of a European order for payment pursuant to Article 12(1) of the Order for Payment Regulation, and

(c) declaring the European order for payment enforceable pursuant to Article 18(1) of the Order for Payment Regulation.

(5C) In subsection (5B) “Order for Payment Regulation” means Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.”.

Application under Article 20

5. An application referred to in Article 20 shall be made to the Master of the High Court.

Applications under Articles 22 and 23

6. The High Court shall have sole jurisdiction in relation to any application referred to in Articles 22 or 23.

Enforcement of a European order for payment

7. Where a European order for payment has become enforceable in a Member State of origin that order shall be of the same force and effect as a judgement of the High Court and may be enforced...