European Communities (Civil and Commercial Judgment) Regulations 2002

• Jurisdiction: Ireland
• Citation: IR SI 52/2002

I, John O'Donoghue, 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 Council Regulation (EC) No. 44/2001 of 22 December 2000 1 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, make the following Regulations:
	Citation	1. These Regulations may be cited as the European Communities (Civil and Commercial Judgments) Regulations 2002.
	Commencement	2. These Regulations shall come into operation on 1 March 2002.
	Interpretation	3. (1) In these Regulations -
“Brussels I Regulation” means Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
“Act of 1994” means the Maintenance Act 1994 (No. 28 of 1994);
“Act of 1998” means the Jurisdiction of Courts and Enforcement of Judgments Act 1998 (No. 52 of 1998);
“enforceable maintenance order” means -
(a) a maintenance order respecting all of which an enforcement order has been made, or
(b) if an enforcement order has been made respecting only part of a maintenance order, the maintenance order to the extent to which it is so ordered to be enforced;
“enforcement order” means an order for the recognition or enforcement of all or part of a judgment where the order -
(a) is made by the Master of the High Court under Regulation 4, or
(b) is made or varied -
(i) on appeal from a decision of the Master under that Regulation or
(ii) on appeal from a decision of the High Court on such an appeal;
“judgment” means a judgment or order (by whatever name called) that is a judgment for the purposes of the Brussels I Regulation and, except in Regulations 8 and 10, includes an authentic instrument within the meaning of Article 57 and a settlement referred to in Article 58;
“maintenance” means maintenance within the meaning of the Brussels I Regulation;
“maintenance creditor” means, in relation to a maintenance order, the person entitled to the payments for which the order provides;
“maintenance debtor” means, in relation to a maintenance order, the person who is liable to make a payment under the order;
“maintenance order” means a judgment relating to maintenance;
“member state” means a member state of the European Communities other than the State and Denmark.
(2) In these Regulations -
(a) a reference to a Regulation is to a Regulation of these Regulations,
(b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the Regulation in which the reference occurs, and
(c) a reference to a numbered Chapter or Article is to a Chapter or Article so numbered of the Brussels I Regulation.
	Applications for recognition or enforcement of judgments	4. (1) An application under the Brussels I Regulation for the recognition or enforcement in the State of a judgment shall be made to the Master of the High Court.
(2) The Master shall determine the application by order in accordance with the Brussels I Regulation.
(3) If the application is for the enforcement of the judgment, the Master shall declare the judgment enforceable immediately on completion of the formalities provided for in Article 53 without any review under Articles 34 and 35 and shall make an enforcement order in relation to the judgment.
(4) An order under paragraph (2) may provide for the recognition or enforcement of only part of the judgment concerned.
(5) For the purposes of these Regulations references in Articles 42, 43, 45, 47, 48 52, 53 and 57 to a declaration of enforceability may be treated as references to an enforcement order.
	Enforcement of judgments	5. (1) Subject to Regulation 6 and the restrictions on enforcement contained in Article 47(3), if an enforcement order has been made respecting a judgment, the judgment -
(a) shall, to the extent to which its enforcement is authorised by the enforcement order, be of the same force and effect as a judgment of the High Court, and
(b) may be enforced by the High Court, and proceedings taken on it, as if it were a judgment of that Court.
(2) Subject to paragraphs (3) and (6), paragraph (1) shall apply only to a judgment other than a maintenance order.
(3) On application by the maintenance creditor under an enforceable maintenance order, the Master of the High Court may by order declare that the following shall be regarded as being payable under a judgment referred to in paragraph (1):
(a) any sum payable under the enforceable maintenance order as a periodic payment but not paid before the relevant enforcement order was made,
(b) a lump sum (not being a sum referred to in subparagraph (a)) which is payable under the enforceable maintenance order.
(4) A declaration shall not be made under paragraph (3) unless the Master considers that by doing so the enforceable maintenance order would be more effectively enforced respecting any sum referred to in that paragraph.
(5) If such a declaration is made, the sum to which it relates shall be deemed for the purposes of this Part to be payable under a judgment referred to in paragraph (1) and not otherwise.
(6) A maintenance order shall be regarded as a judgment referred to in paragraph (1) if the District Court does not have jurisdiction to enforce it under Regulation 6.
	Enforcement of enforceable maintenance orders	6. (1) In this Regulation -
“Act of 1940” means the Enforcement of Court Orders Act 1940 (No. 23 of 1940);
“Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11 of 1976);
“Act of 1987” means the Status of Children Act 1987 (No. 26 of 1987).
(2) Subject to Regulation 7(4) and the restrictions on enforcement contained in Article 47(3), the District Court shall have jurisdiction to enforce an enforceable maintenance order.
(3) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of -
(a) paragraph (1),
(b) section 98 (1) of the Defence Act 1954 (No. 18 of 1954), and
(c) subject to the Brussels I Regulation, the variation or discharge of that order under section 6 (as amended by the Act of 1987) of the Act of 1976,
to be an order made by the District Court under section 5, 5A or 21A of the Act of 1976, as may be appropriate.
(4) Paragraphs (2) and (3) shall apply even though an amount payable under the enforceable maintenance order exceeds the maximum amount the District Court has jurisdiction to award under the appropriate enactment mentioned in paragraph (3).
(5) Where an enforceable maintenance order is varied by a court in a member state and an enforcement order has been made respecting all or part of the enforceable maintenance order as so varied, or respecting all or part of the order effecting the variation, the enforceable maintenance order shall, from the date on which the variation takes effect, be enforceable in the State only as so varied.
(6) Where an enforceable maintenance order is revoked by a court in a member state and an enforcement order has been made respecting the order effecting the revocation the enforceable maintenance order shall, from the date on which the revocation takes effect cease to be enforceable in the State except in relation to any sums under the order that were payable, but not paid, on or before that date.
(7) Subject to paragraph (3) to (5) of Regulation 5, the following shall be regarded as being payable pursuant to an order made under section 5, 5A or 21A of the Act of 1976:
(a) any sum payable under an enforceable maintenance order but not paid before the relevant enforcement order was made;
(b) any costs of or incidental to the application for the enforcement order that are payable under Regulation 7(2).
(8) The jurisdiction vested in the District Court by this Regulation may be exercised by the judge of that Court for the time being assigned to -
(a) if the maintenance debtor under an enforceable maintenance order resides in the State, the district court district in which the debtor resides or carries on any profession, business or occupation, or
(b) if such a maintenance debtor does not so reside but is employed by an individual residing or having a place of business in the State or by a corporation or association having its seat in the State, the district court district in which the individual resides or the corporation or association has its seat.
(9) Despite anything to the contrary in an enforceable maintenance order, the maintenance debtor shall pay any sum payable under that order to -
(a) in a case referred to in paragraph (8)(a), the district court clerk for the district court area in which the debtor for the time being resides, or
(b) in a case referred to in paragraph (8)(b), a district court clerk specified by the District Court,
for transmission to the maintenance creditor or, if a public authority has been authorised by...