District Court (European Enforcement Orders) Rules, 2006

• Jurisdiction: Ireland

SI No.2 of 2006

District Court (European Enforcement Orders) Rules 2006

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 17 of the Interpretation Act 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ] and section 34 of the Courts (Supplemental Provisions) Act 1961 , do hereby, with the concurrence of the Minister for Justice Equality and Law Reform, make the following rules of court:- 1. These rules may be cited as the District Court (European Enforcement Orders Rules 2006. 2. These rules shall come into operation on the 7th day of February 2006 and shall be read together with all other District Court rules for the time being in force. 3. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) shall be amended by the insertion immediately following Order 53A thereof, of the following:

“Order 53B

European Enforcement Orders

1. In this Order:-

“domestic judgment” means any judgment or decree of the Court for the recovery of any sum of money, or any order (including an order made by consent) of the Court or dismiss by the Court requiring the payment of any sum of money, to which Regulation No. 805/2004 applies;

“Regulation No. 805/2004” means 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, OJ L 143/15 of 30 April 2004;

“Regulation No. 1869/2005” means Commission Regulation (EC) No 1869/2005 replacing the Annexes to 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, OJ L 300/6 of 16 November 2005;

“the Regulations of 2005” means the European Communities (European Enforcement Order) Regulations 2005 ( S.I. No. 648 of 2005 ).

2. Subject to Regulation No. 805/2004 and to the Regulations of 2005, the provisions of rules 1 to 14 inclusive of Order 53 of these Rules, insofar as they may be applied to a judgment of the High Court, may be applied to a judgment, authentic instrument or court settlement which has been certified as a European Enforcement Order in the Member State of origin, and any reference in rules 1 to 14 inclusive of Order 53 to a “judgment” shall, where the context so admits, include a reference to a judgment, authentic instrument or court settlement which has been certified as a European Enforcement Order in any Member State of origin. In such a case, any relevant Form in Schedule C to these Rules which contains a reference to a judgment, order or decree may be adapted to refer to such European Enforcement Order.

3. Where an application is made by a creditor for enforcement in accordance with rule 3 of Order 53 of these Rules, in respect of a judgment which has been certified as a European Enforcement Order in a Member State of origin other than the State, such creditor shall in addition to lodging with the Clerk the summons in duplicate and statutory declaration referred to in rule 3 of Order 53 of these Rules provide to the Clerk the documents referred to in Article 20(2) of Regulation No. 805/2004.

4. Where a domestic judgment has been given or made, an application to certify that domestic judgment as a European Enforcement Order may be made ex parte to the Court at the hearing at which that domestic judgment is given or made, or if not made at such hearing, shall be made ex parte to the Court on another occasion.

5. (1) An application to certify a domestic judgment as a European Enforcement Order shall, unless the Court otherwise directs or permits, be grounded upon an affidavit sworn by or on behalf of the moving party. The affidavit shall be in the Form No. 53B.1, Schedule C or incorporating the matters in paragraphs 2 to 5 of that Form.

(2) A certificate given on foot of an application pursuant to Article 6(1) of Regulation No. 805/2004 shall be in the Form in Annex I to Regulation No. 1869/2005, which is reproduced at Form No. 53B.2, Schedule C.

6. (1) Where a domestic judgment, which has been certified as a European Enforcement Order, has ceased to be enforceable or its enforceability is or has been suspended or limited, an application under Article 6(2) of Regulation No. 805/2004 for the issue of a certificate indicating the lack or limitation of enforceability of that domestic judgment may be made ex parte to the Court by any party to the proceedings.

(2) A certificate indicating the lack or limitation of enforceability of a domestic judgment given on foot of an application pursuant to Article 6(2) of Regulation No. 805/2004 shall be in the Form in Annex IV to Regulation No. 1869/2005, which is reproduced at Form No. 53B.3, Schedule C.

7. (1) Where the Court gives a judgment or makes an order following a challenge to a domestic judgment, which has been certified as a European Enforcement Order, an application under Article 6(3) of Regulation No. 805/2004 for the issue of a replacement certificate may be made ex parte to the Court by any party to the proceedings at the hearing at which that judgment is given or order is made.

(2) A replacement certificate given on foot of an application pursuant to Article 6(3) of Regulation No. 805/2004 shall be in the Form in Annex V to Regulation No. 1869/2005, which is reproduced at Form No. 53B.4, Schedule C.

8. (1) Unless made in accordance with rule 6(1) or (as the case may be) rule 7(1) of this Order, an application under Article 6(2) of Regulation No. 805/2004 for the issue of a certificate indicating the lack or limitation of enforceability of a domestic judgment or an application under Article 6(3) of Regulation No. 805/2004 for the issue of a replacement certificate shall be made by application to the Court in the Form No. 53B.5, Schedule C on notice to the judgment creditor or judgment debtor (as the case may be), grounded, where necessary, upon an affidavit sworn by or on behalf of the moving party. There shall be exhibited to any grounding affidavit in any such application a completed draft of the form of European Enforcement Order certificate sought, and the contents of such draft certificate shall be verified in the grounding affidavit.

(2) A copy of the notice of application and a copy of any affidavit sworn by or on behalf of the moving party and intended to be used in the application shall be delivered to the judgment creditor or judgment debtor (as the case may be) not later than seven days before the date fixed for the hearing of the application. The original of such notice and of any affidavit intended to be used in the application shall be lodged with the Clerk not later than four days before the date fixed for the hearing of the application.

9. (1) An application under Article 10(1) of Regulation No. 805/2004 for the rectification or the withdrawal of a European Enforcement Order certificate shall be made to the Court which certified the domestic judgment concerned as a European Enforcement Order. Before making such application, the moving party shall complete the Form of application in Annex VI to Regulation No. 1869/2005, which is reproduced at Form No. 53B.6 Schedule C, and shall deliver such completed form of application to the Clerk. The moving party shall serve a copy of such completed form of application on the judgment creditor or (as the case may be the judgment debtor, together with a copy of any affidavit sworn by or on behalf of the moving party and intended to be used in the application. Where rectification is sought, there shall be exhibited to any grounding affidavit in any such application a copy of the form of European Enforcement Order certificate previously issued, marked with the rectification sought, and the contents of such marked certificate shall be verified in the grounding affidavit.

(2) Where, on any application under this rule, it is determined that the European Enforcement Order certificate in respect of the domestic judgment concerned ought be rectified or withdrawn, the person on whose application the domestic judgment concerned was certified as a European Enforcement Order shall within seven days of such determination lodge the original European Enforcement Order certificate in respect of the domestic judgment concerned with the Clerk. In the case of rectification, the person who applied for rectification shall lodge with the Clerk a draft rectified certificate. The Clerk shall, in such case, produce the rectified certificate to the Judge to be re-signed, and subject to any direction made by the Judge in that regard, issue the rectified certificate to the person on whose application the domestic judgment concerned was certified as a European Enforcement Order. In the case of withdrawal, the Clerk shall produce the certificate to the Judge to be cancelled.

(3) Where the person on whose application the domestic judgment concerned was certified as a European Enforcement Order fails in accordance with sub-rule (2) of this rule to lodge the original European Enforcement Order certificate in respect of the domestic judgment concerned with the Clerk within seven days of a determination, the Clerk shall, at the request of the applicant, provide to the applicant a certificate in the Form 53B.7, Schedule C, signed by the Judge certifying the fact that the European Enforcement Order certificate has been rectified or (as the case may be) withdrawn.

10.(1) The Clerk may at the request of the applicant therefor present for signature by the Judge and issue to such applicant a duplicate of any certificate referred to in this Order, and any such duplicate shall be marked as a duplicate.

(2) The applicant shall in every case lodge with the Clerk a draft of the completed form of the certificate for which application has been made, where such draft certificate has not already been exhibited to an...