S.I. No. 1/2006 - Circuit Court Rules (European Enforcement Orders), 2006

1. Member State of origin: IRELAND (IE)

2. Court/Authority issuing the certificate

2.1 Name: *

Circuit Court, ............... Circuit, County of ................/*

County Registrar for the County of ....................

2.2 Address: ............................, Ireland

2.3 Tel/fax/e-mail

3. If different, Court/Authority issuing the judgment

3.1 Name: ...................................

3.2 Address: ..................., Ireland

3.3 Tel/fax/e-mail

4. Judgment

4.1 Date

4.2 Reference number (record number)

4.3 Parties

4.3.1 Name and address of creditor(s)

4.3.2 Name and address of debtor(s)

HAS BEEN

*

5. RECTIFIED as due to a material error there is the following discrepancy between the European Enforcement Order Certificate and the underlying judgment

*

6. WITHDRAWN because

6.1 *

the certified judgment was related to a consumer contract but was given in a Member State where the consumer is not domiciled within the meaning of Article 59 of Regulation (EC) No. 44/2001

6.2 *

the European Enforcement Order Certificate was clearly wrongly granted for another reason

and the original of the said European Enforcement Order Certificate (and every duplicate thereof) has not been lodged with this Court.

Done at the [insert address of the Office concerned] on the.........day of............................200.....

Signed......................................

County Registrar for the County of Circuit Court

(seal)

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules facilitate the operation of Regulation (EC) No 805/2004 of the European Parliament and the Council of 21 April 2004 (OJ L 143 of 30 April 2004, page 15), which created a European Enforcement Order for uncontested claims, as amended by Regulation (EC) No. 1869/2005 of the Commission of 16 November 2005 (OJ L 300 of 17 November 2005, page 6).

* delete where appropriate

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* delete where appropriate

* delete where appropriate

* delete where appropriate

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7. (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 or, where the County Registrar so certified the domestic judgment, to the County Registrar. Before making such application, the moving party shall complete the form of application in Annex VI to Regulation No. 1869/2005 and shall deliver such completed form of application to the Office which shall assign a return date to such application. 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 to ground 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. A notice of application in the said form shall be treated for all purposes as if it were a motion to the Court or (as the case may be) to the County Registrar and the provisions of Order 64 of these Rules shall apply to any such application.

(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 in the Office. In the case of rectification, the County Registrar shall rectify such certificate, resign, re-seal and subject to any direction made in that regard, re-issue such 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 County Registrar shall cancel such certificate.

(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) to lodge the original European Enforcement Order certificate within seven days of a determination, the County Registrar shall, at the request of the applicant, provide to the applicant a certificate under the seal of the Court certifying the fact that the European Enforcement Order certificate has been rectified or (as the case may be) withdrawn. Such certificate shall be in the in the Form No. 19B of the Schedule of Forms annexed hereto.

8. (1) The following certificates may be signed and sealed by the County Registrar

(i) a European Enforcement Order certificate - judgment (Annex I to Regulation No. 1869/2005) (including for the avoidance of doubt, such certificate as rectified pursuant to Article 10(1) of Regulation No. 805/2004 and in accordance with rule 7(2) of this Order);

(ii) a certificate of lack or limitation of enforceability, (Annex IV to Regulation No. 1869/2005) pursuant to Article 6(2) of Regulation No. 805/2004;

(iii) a European Enforcement Order replacement certificate, (Annex V to Regulation No. 1869/2005) pursuant to Article 6(3) of Regulation No. 805/2004;

(iv) any certificate which seems necessary in accordance with rule 7(3) of this Order.

(2) The County Registrar may at the request of the applicant therefor, issue a duplicate of any of the certificates referred to in sub-rule (1).

(3)The County Registrar or the Court may direct the applicant to lodge a draft of the completed form of a certificate, where such draft certificate has not already been exhibited to an affidavit grounding the application for the certificate.

S.I. No.1 of 2006

CIRCUIT COURT RULES (EUROPEAN ENFORCEMENT ORDERS), 2006

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act, 1936

, and

section 12

of the

Courts of Justice Act, 1947

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act, 1924

, and

section 70

of the

Courts of Justice Act, 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

) and

section 27

of the

Courts (Supplemental Provisions) Act, 1961

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 28

th

day of November, 2005.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Gerard J. Doherty

Joe Deane

Faye Breen

Patrick Hunt

Noel Rubotham

Susan Ryan (Secretary)

I concur in the making of the following Rules of Court.

Dated this 10

th

day of January, 2006.

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No.1 of 2006

Circuit Court Rules (European Enforcement Orders) 2006