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S.I. No. 17 of 2014 - provisions overview

1 Definitions

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

 

2 Provisions on enforcement to apply to a judgment, authentic instrument or court settlement certified as a European Enforcement Order in the Member State of origin

2. (1) Subject to Regulation No. 805/2004 and to the 2005 Regulations, the provisions of Order 51A, rules 1 to 12 inclusive, so far 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.

(2) Any reference in Order 51A, rules 1 to 12 inclusive to a “judgment”, where the context so admits, includes a reference to a judgment, authentic instrument or court settlement which has been certified as a European Enforcement Order in a Member State of origin. In such a case, any Form in Schedule C which contains a reference to a judgment, order or decree may be adapted to refer to the European Enforcement Order.

 

3 Provision of documents to Clerk

3. Where an application is made by a creditor for enforcement in accordance with Order 51A, rule 3, of a judgment which has been certified as a European Enforcement Order in a Member State of origin other than the State, the creditor must, in addition to lodging the summons in duplicate and statutory declaration with the Clerk, provide the Clerk with the documents referred to in Article 20(2) of Regulation No. 805/2004.

 

4 Application to certify a judgment as a European Enforcement Order

4. Where a domestic judgment has been given or made, an application to certify that domestic judgment as a European Enforcement Order:

(a) may be made ex parte to the Court at the hearing at which that domestic judgment is given or made; or

(b) if not made at that hearing, must be made ex parte to the Court on another occasion.

 

5 Application to certify to be supported by affidavit

5. (1) An application to certify a domestic judgment as a European Enforcement Order must, unless the Court otherwise directs or permits, be supported by an affidavit sworn by or on behalf of the moving party. The affidavit may be in the Form No. 51C.01, Schedule C with such modifications as are necessary.

(2) A certificate given on foot of an application pursuant to Article 6(1) of Regulation No. 805/2004 must be in the Form in Annex I to Regulation No. 1869/2005.

 

6 Application to certify lack or limitation of enforceability

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.

(2) A certificate indicating the lack or limitation of enforceability of a domestic judgment given on foot of an application under Article 6(2) of Regulation No. 805/2004 must be in the Form in Annex IV to Regulation No. 1869/2005.

 

7 Application for replacement certificate

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 at the hearing at which that judgment is given or order is made.

(2) A replacement certificate given on foot of an application under Article 6(3) of Regulation No. 805/2004 must be in the Form in Annex V to Regulation No. 1869/2005.

 

8 Application by motion following hearing where decision made

8. (1) Unless made in accordance with rule 6(1) or, as the case may be, rule 7(1), 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 must be made by notice of motion in the Form No. 44.01, Schedule C with the necessary modifications.

(2) A copy of the notice of motion must be served on the judgment creditor or judgment debtor (as the case may be).

(3) The application must be supported, where necessary, by an affidavit sworn by or on behalf of the moving party.

(4) There must be exhibited to any affidavit in support of any such application a completed draft of the form of European Enforcement Order certificate sought, and the contents of the draft certificate must be verified in the affidavit.

(5) A copy of the notice of motion and a copy of any affidavit intended to be used in the application must be served on the judgment creditor or judgment debtor (as the case may be) in accordance with Order 41 not later than seven days before the return date of the application.

(6) The original of any affidavit intended to be used in the application must be lodged with the Clerk not later than four days before the return date of the application.

 

9 Application for rectification or withdrawal of a European Enforcement Order certificate

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 must be made to the Court which certified the domestic judgment concerned as a European Enforcement Order.

(2) Before making an application under Article 10(1), the moving party must complete the Form of application in Annex VI to Regulation No. 1869/2005, and must file the completed form of application with the Clerk.

(3) The moving party must serve a copy of the 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.

(4) Where rectification is sought, there must be exhibited to any affidavit in support of the application a copy of the form of European Enforcement Order certificate previously issued, marked with the rectification sought, and the contents of the marked certificate must be verified in the grounding affidavit.

(5) Where, on an application under this rule, it is determined that the European Enforcement Order certificate in respect of the domestic judgment concerned ought to be rectified or withdrawn, the party on whose application the domestic judgment concerned was certified as a European Enforcement Order must within seven days of that determination lodge the original European Enforcement Order certificate in respect of the domestic judgment concerned with the Clerk.

(6) In the case of rectification, the party who applied for rectification must lodge a draft rectified certificate with the Clerk.

(7) The Clerk must, in a case of rectification, produce the rectified certificate to the Judge to be re-signed.

(8) Subject to any direction made by the Court in that regard, the Clerk must issue the rectified certificate to the party on whose application the domestic judgment concerned was certified as a European Enforcement Order.

(9) In the case of withdrawal, the Clerk must produce the certificate to the Judge to be cancelled.

(10) Where the person on whose application the domestic judgment concerned was certified as a European Enforcement Order fails in accordance with sub-rule (5) 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 must, at the request of the applicant, provide the applicant with a certificate signed by the Judge certifying the fact that the European Enforcement Order certificate has been rectified or (as the case may be) withdrawn.

 

10 Duplicate certificate

10. (1) The Clerk may at the request of a party, present for signature by the Judge and issue to the party a duplicate of any certificate referred to in this Order.

(2) Any duplicate certificate must be marked as a duplicate.

 

11 Lodgment of draft certificate

11. The applicant must in every case lodge with the Clerk a draft of the completed form of the certificate for which application has been made, where a draft certificate has not already been exhibited to an affidavit supporting the application for the certificate.