IE
S.I. No. 2/2006 - District Court (European Enforcement Orders) Rules 2006
Table of Provisions (10)
Statutory Text (10 Articles)
1. Interest rate applied by the European Central Bank to its main refinancing operations.
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2. I beg to refer to the proceedings had herein and to the [judgment/decree/dismiss/order] of the Court made on the ........day of ........................ 20........ where [judgment was given for the plaintiff / the defendant was ordered to pay the plaintiff] the sum of €........ . I say that the said [judgment/decree/dismiss/order] amounts to a judgment on an uncontested claim, within the meaning of Regulation (EC) No 805/2004.
3. The claim herein was for payment of a specific sum of money which had fallen due and that the claim was uncontested within the meaning of Article 3 of Regulation (EC) No 805/2004 because
[
state which of the circumstances set out in Article 3 applies
]
4. The [judgment / order] may be certified as a European Enforcement Order under Article 6 of Regulation (EC) No 805/2004 because
*
each of the conditions set out in paragraphs (a), (b), (c) and (where appropriate) (d) of paragraph 1 of Article 6 of the said Regulation is met in respect of the [judgment / order] or
*
(
where any of the procedural requirements set out in any one or more of Articles 13 to 17 inclusive of Regulation (EC) No 805/2004 is not met
) each of the conditions set out in paragraphs (a), (b) and (where appropriate) (d) of paragraph 1 of Article 6 of the said Regulation is met in respect of the [judgment / order] and, [
state the basis upon which under Article 18(1) or Article 18(2) of the Regulation any non-compliance was cured
]
5. I beg to refer to a completed draft European Enforcement Order certificate in the form in Annex I to Regulation No. 1869/2005 upon which marked “A” I have signed my name prior to the swearing hereof and I say that the contents of the said draft certificate as completed are true. I accordingly pray that the [judgment / order] be certified as a European Enforcement Order in accordance with Article 6 of the said Regulation No. 805/2004 in the form of the draft exhibited hereto.
SWORN
by on
20
at
in the County of
before me a Commissioner for Oaths/Practising Solicitor and I know the Deponent.
____________________________
Commissioner for Oaths/Practising Solicitor
Schedule C
O. 53B, r. 5(2)
53B.2
Regulation (EC) No 1869/2005, Annex I
EUROPEAN ENFORCEMENT ORDER CERTIFICATE - JUDGMENT
1.
Member State of origin
Belgium Czech Republic Germany Estonia Greece Spain France Ireland ☑ Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Slovakia Slovenia Finland Sweden United Kingdom
2.
Court/Tribunal issuing the certificate
2.1
Name: District Court
2.2
Address
2.3
Tel./fax/e-mail
3.
If different, Court/Tribunal giving the judgment
3.1
Name
3.2
Address
3.3
Tel./fax/e-mail
4.
Judgment
4.1
Date
4.2
Reference number
4.3
The parties
4.3.1
Name and address of creditor(s)
4.3.2
Name and address of debtor(s)
5.
Monetary claim as certified
5.1
Principal Amount
5.1.1
Currency
Euro
Cyprus pound
Czech koruna
Estonian Kroon
Pounds Sterling
Hungarian forint
Lithuanian litas
Latvian lats
Maltese lira
Polish zloty
Swedish kronor
Slovak koruna
Slovenian tolar
Other (explain)
5.1.2
If the claim is for periodical payments
5.1.2.1
Amount of each instalment
5.1.2.2
Due date of first instalment
5.1.2.3
Due dates of following instalments
Weekly
monthly
other (explain)
5.1.2.4
Period of the claim
5.1.2.4.1
Currently indefinite or
5.1.2.4.2
Due date of last instalment
5.2
Interest
5.2.1
Interest rate
5.2.1.1
....% or
5.2.1.2
....% above the base rate of the ECB (
1
)
5.2.1.3
Other (explain)
5.2.2
Interest to be collected as from
5.3
Amount of reimbursable costs if specified in the judgment
6.
Judgment is enforceable in the Member State of origin
7.
Judgment is still subject to the possibility of a challenge
Yes
No
8.
Judgment is on an uncontested claim under Article 3(1)
9.
Judgment is in compliance with Article 6(1) (b)
10.
The judgment concerns matters relating to consumer contracts
Yes
No
10.1
If yes
The debtor is the consumer
Yes
No
10.2
If yes
The debtor is domiciled in the Member State of origin (within the meaning of Article 59 of Regulation (EC) 44/2001
11.
Service of the document instituting the proceedings under Chapter III, where applicable
Yes
No
11.1
Service was effected in compliance with Article 13
or service was effected in compliance with Article 14
or it is proved in accordance with Article 18(2) that the debtor has received the document
11.2
Due information
The debtor was informed in compliance with Articles 16 and 17
12.
Service of summons, where applicable
Yes
No
12.1
Service was effected in compliance with Article 13
Or service was effected in compliance with Article 14
Or it is proved in accordance with Article 18(2) that the debtor has received the summons
12.2
Due information
The debtor was informed in compliance with Article 17
13.
Cure of non-compliance with procedural minimum standards pursuant to Article 18(1)
13.1
Service of the judgment was effected in compliance with Article 13
or service of the judgment was effected in compliance with Article 14
or it is proved in accordance with Article 18(2) that the debtor has received the judgment
13.2
Due information
The debtor was informed in compliance with Article 18(1)(b)
13.3
It was possible for the debtor to challenge the judgment
Yes
No
13.4
The debtor failed to challenge the judgment in compliance with the relevant procedural requirements
Yes
No
Done at ...........................on the ................day of .................... 200....
.......................................................
Signature
Judge of the District Court
Schedule C
O. 53B, r. 6(2)
53B.3
Regulation (EC) No 1869/2005, Annex IV
CERTIFICATE OF LACK OR LIMITATION OF ENFORCEABILITY
(Article 6(2))
1.
Member State of origin
Belgium Czech Republic Germany Estonia Greece Spain France Ireland ☑ Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Slovakia Slovenia Finland Sweden United Kingdom
2.
Court/Authority issuing the certificate
2.1
Name: District Court
2.2
Address
2.3
Tel./fax/e-mail
3.
If different, Court/Authority issuing the Judgment
3.1
Name
3.2
Address
3.3
Tel./fax/e-mail
4.
Judgment
4.1
Date
4.2
Reference number
4.3
The parties
4.3.1
Name and address of creditor(s)
4.3.2
Name and address of debtor(s)
5.
This judgment was certified as a European Enforcement Order but
5.1
the judgment is no longer enforceable
5.2
Enforcement is temporarily
5.2.1
stayed
5.2.2
limited to protective measures
5.2.3
conditional upon the provision of a security which is still outstanding
5.2.3.1
Amount of the security
5.2.3.2
Currency
Euro
Cyprus pound
Czech koruna
Estonian Kroon
Pounds Sterling
Hungarian forint
Lithuanian litas
Latvian lats
Maltese lira
Polish zloty
Swedish kronor
Slovak koruna
Slovenian tolar
Other (explain)
5.2.4
Other (explain)
Done at ............................on the ...............day of ......................... 200....
...............................................................
Signature
Judge of the District Court
Schedule C
O. 53B, r. 7(2)
53B.4
Regulation (EC) No 1869/2005, Annex V
EUROPEAN ENFORCEMENT ORDER REPLACEMENT CERTIFICATE FOLLOWING A CHALLENGE
(Article 6(3))
A.
The following judgment certified as a European Enforcement Order was challenged
1.
Member State of origin
Belgium Czech Republic Germany Estonia Greece Spain France Ireland ☑ Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Slovakia Slovenia Finland Sweden United Kingdom
2.
Court/Authority issuing the certificate
2.1
Name: District Court
2.2
Address
2.3
Tel./fax/e-mail
3.
If different, Court/ Authority giving the judgment
3.1
Name
3.2
Address
3.3
Tel./fax/e-mail
4.
Judgment
4.1
Date
4.2
Reference number
4.3
The parties
4.3.1
Name and address of creditor(s)
4.3.2
Name and address of debtor(s)
B.
Upon that challenge the following decision has been handed down and is hereby certified as European Enforcement Order replacing the original European Enforcement Order.
1.
Court
1.1
Name: District Court
1.2
Address
1.3
Tel./fax/e-mail
2.
Decision
2.1
Date
2.2
Reference number
3.
Monetary claim as certified
3.1
Principal Amount
3.1.1
Currency
Euro
Cyprus pound
Czech koruna
Estonian Kroon
Pounds Sterling
Hungarian forint
Lithuanian litas
Latvian lats
Maltese lira
Polish zloty
Swedish kronor
Slovak koruna
Slovenian tolar
Other (explain)
3.1.2
If the claim is for periodic payments
3.1.2.1
Amount of each instalment
3.1.2.2
Due date of first instalment
3.1.2.3
Due dates of following instalments
Weekly
monthly
other (explain)
3.1.2.4
Period of the claim
3.1.2.4.2
Currently indefinite or
3.2
Interest
3.2.1
Interest rate
3.2.1.1
....% or
3.2.1.2
....% above the base rate of the ECB (
1
)
3.2.1.3
Other (explain)
3.2.2
Interest to be collected as from
3.3
Amount of reimbursable costs if specified in the decision
4.
Decision is enforceable in the Member State of origin
5.
Decision is still subject to the possibility of a further appeal
Yes
No
6.
Decision is in compliance with Article 6(1)(b)
7.
The decision concerns matters relating to consumer contracts
Yes
No
7.1
If yes
The debtor is the consumer
Yes
No
7.2
If yes
The debtor is domiciled in the Member State of origin in the meaning of Article 59 of Regulation (EC) No 44/2001
8.
At the time of the decision following the challenge, the claim is uncontested within the meaning of the Article 3(1)(b) or (c)
Yes
No
If yes
8.1
Service of the document instituting the challenge.
Did the creditor lodge the challenge?
Yes
No
If yes
8.1.1
Service was effected in compliance with Article 13
or the service was effected in compliance with Article 14
or it is proved in accordance with Article 18(2) that the debtor has received the document
8.1.2
Due information
The debtor was informed in compliance with Articles 16 and 17
8.2
Service of summons, where applicable
Yes
No
If yes
8.2.1
Service was effected in compliance with Article 13
or service was effected in compliance with Article
or it is proved in accordance with Article 18(2) that the debtor has received the summons
8.2.2
Due information
The debtor was informed in compliance with Article 17
8.3
Cure of non-compliance with procedural minimum standards pursuant to Article 18(1)
8.3.1
Service of the decision was effected in compliance with Article 13
or service of the decision was effected in compliance with Article 14
or it is proved in accordance with Article 18(2) that the debtor has received the decision
8.3.2
Due information
The debtor was informed in compliance with Article 18(1)(b)
Done at ............................ on the ............... day of .................... 200 ...
.......................................................
Signature
Judge of the District Court
53B.5
Schedule C
O.53B, r. 8(1)
AN CHUIRT DUICHE
THE DISTRICT COURT
District Court Area of
District No.
Between...............................................................................Creditor
And...........................................................................Debtor
In the matter of Regulation (EC) No 805/2004
NOTICE OF APPLICATION FOR CERTIFICATE INDICATING LACK OR LIMITATION OF ENFORCEABILITY OF A JUDGMENT CERTIFIED AS A EUROPEAN ENFORCEMENT ORDER/ REPLACEMENT CERTIFICATE
WHEREAS by [judgment/decree/dismiss/order] of the Court made on the .....day of ..............20..... it was adjudged and ordered that...............
AND WHEREAS the Court certified the said [judgment/decree/dismiss/order] as a European Enforcement Order in accordance with Article 6(1) of the above-mentioned Regulation on the .....day of ..............20.....
TAKE NOTICE that the above-named creditor/debtor will apply to the District Court sitting at ...............................on the ...........day of ....................20 ..... at.............a.m./p.m., for
*
the issue of a certificate in accordance with Article 6(2) of the above-mentioned Regulation indicating the lack or limitation of enforceability of the judgment certified as a European Enforcement Order
*
the issue of a replacement European Enforcement Order certificate in accordance with Article 6(3) of the above-mentioned Regulation
On the following grounds-
Dated this day of 20
Signed........................................
Applicant / Solicitor for the Applicant
To: District Court Clerk at ...............................
And to: ............................................
Schedule C
O. 53B, r. 9(1)
53B.6
Regulation (EC) No 1869/2005, Annex VI
APPLICATION FOR RECTIFICATION OR WITHDRAWAL OF THE EUROPEAN ENFORCEMENT ORDER CERTIFICATE
(Article 10(3))
1.
Member State of origin
Belgium Czech Republic Germany Estonia Greece Spain France Ireland ☑ Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Slovakia Slovenia Finland Sweden United Kingdom
2.
Court/Authority issuing the certificate
2.1
Name: District Court
2.2
Address
2.3
Tel./fax/e-mail
3.
If different, Court/Authority issuing the judgment
3.1.
Name
3.2
Address
3.3
Tel./fax/e-mail
4.
Judgment
4.1
Date
4.2
Reference number
4.3
The parties
4.3.1
Name and address of creditor(s)
4.3.2
Name and address of debtor(s)
HAS TO BE
5.
RECTIFIED as due to a material error there is the following discrepancy between the European Enforcement Order certificate and the underlying judgment (explain)
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 (explain)
Done at ................date .............
.........................................................................
Signature
(Applicant/Solicitor for the applicant)
Schedule C
O. 53B, r. 9(3)
53B.7
AN CHUIRT DUICHE
THE DISTRICT COURT
District Court Area of
District No.
Between..............................................................................Creditor
And...................................................................................Debtor
Regulation (EC) No 805/2004
CERTIFICATE OF *
RECTIFICATION / *
WITHDRAWAL OF A EUROPEAN ENFORCEMENT ORDER CERTIFICATE (Article 10(3))
TAKE NOTICE that on application made to this Court on the ....day of .......200....
THE FOLLOWING EUROPEAN ENFORCEMENT ORDER CERTIFICATE
1.
Member State of origin: IRELAND (IE)
2.
Court/Authority issuing the certificate
2.1
Name: District Court.......................................
2.2
Address
2.3
Tel/fax/e-mail
3.
If different, Court/Authority issuing the judgment
3.1
Name: as above
3.2
Address: as above
3.3
Tel/fax/e-mail: as above
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 .....................District Court, ............................on the ........day of .............................200....
Signed ............................................................
Judge of the District Court
Given this 28
th
day of November 2005
Miriam Malone
Chairperson
Uinsin Mac Gruairc
Mary C Devins
Thomas E O'Donnell
David Kelly
Noel A Doherty
Elizabeth Hughes
Secretary
I concur in the making of the foregoing rules
Dated this 10
th
day of January 2006
Michael McDowell
Minister for Justice, Equality and Law Reform
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).
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1 Interest rate applied by the European Central Bank to its main refinancing operations.
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 affidavit grounding the application for the certificate.”
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:-