S.I. No. 551/2008 - Rules of the Superior Courts (European Orders for Payment) 2008

1. In this Order—

“2008 Regulations” means the European Communities (Order for Payment) Regulations 2008 (

S.I. No. 525 of 2008

);

“European order for payment” means an order for payment under the European order for payment procedure referred to Regulation No. 1896/2006;

“Member State” means a Member State of the European Union, with the exception of Denmark;

“Member State of origin” and “court of origin” each has the same meaning as in Article 5 of Regulation No. 1896/2006;

“Regulation No. 1896/2006” means Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure, OJ L 399/1 of 30 December 2006, and corrigendum OJ L 18/11 of 25 January 2007.

2. The forms in the Schedule shall be inserted in Part IV of Appendix F to the Rules of the Superior Courts as Forms No. 3 and No. 4, respectively.

3. These Rules shall come into operation on the 16 day of December 2008.

4. These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2008 and may be cited as the Rules of the Superior Courts (European orders for payment) 2008.

SCHEDULE

O. 42C, r. 3(10).

No. 3

HIGH COURT

Record number

Regulation (EC) No. 1896/2006

NOTIFICATION OF RECEIPT OF STATEMENT OF OPPOSITION TO A EUROPEAN ORDER FOR PAYMENT AND OF TERMINATION OF PROCEEDINGS (Article 17)

Between

A.B.

Claimant

and

C.D.

Defendant

To: the claimant

TAKE NOTICE that a statement of opposition has been entered by the defendant to the above European order for payment on the....day of .......20....

In accordance with your request that the proceedings be terminated in that event, the proceedings have been terminated.

Dated the........day of...........................20....

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

Registrar

High Court Central Office

O. 42C, r. 3(11).

No. 4

HIGH COURT

Record number

Regulation (EC) No. 1896/2006

NOTIFICATION OF RECEIPT OF STATEMENT OF OPPOSITION TO A EUROPEAN ORDER FOR PAYMENT AND TRANSFER TO ORDINARY CIVIL PROCEEDINGS (Article 17)

Between

A.B.

Claimant

and

C.D.

Defendant

To: the claimant

TAKE NOTICE that a statement of opposition has been entered by the defendant to the above European order for payment on the....day of .......20....

As you have not explicitly requested that the proceedings be terminated in that event,

* the proceedings have been transferred to ordinary civil proceedings before the High Court.

*the proceedings have been remitted to the Circuit Court (...........Circuit) in accordance with Regulation 8(3) of the European Communities (Order for Payment) Regulations 2008 (

S.I. No. 525 of 2008

).

* the proceedings have been remitted to the District Court (District Court Area of.........., District No.....) in accordance with Regulation 8(3) of the European Communities (Order for Payment) Regulations 2008 (

Courts of Justice Act 1924

, section 36, and the

S.I. No. 525 of 2008

).

You should notify the Central Office of the High Court of an address in Ireland for service of documents in the proceedings.

Dated the........day of...........................20....

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

Registrar

High Court Central Office

*delete whichever inapplicable

”.

EXPLANATORY NOTE

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

These Rules insert a new Order 42C in the Rules of the Superior Courts, which order facilitates implementation of Regulation 1896 of 2006 (Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure).

5. An application by a defendant for refusal of enforcement under Article 22 of Regulation No. 1896/2006 shall be made to a judge of the Court by originating notice of motion or, where the application relates to a European order for payment made by the Court, by notice of motion, entitled “In the matter of Article 22 of Regulation No. 1896/2006”. The application shall be grounded upon an affidavit sworn by or on behalf of the defendant. Save where the Court, being satisfied as to the urgency of the application, otherwise permits, copies of the originating notice of motion (or notice of motion) and affidavit (and any exhibits) shall be served by the defendant (

a

) not later than seven days before the date fixed for the hearing of the application, on the claimant and (

b

) on such other person or persons as the Court may direct.

6. (1) Where a defendant has applied for a review of a European order for payment, in accordance with Article 20 of Regulation No. 1896/2006, in the Member State of origin, an application by the defendant for any relief under Article 23 of Regulation No. 1896/2006 shall be made to a judge of the Court by originating notice of motion entitled “In the matter of Article 23 of Regulation No. 1896/2006”, save where the application relates to a European order for payment made by the Court, in which case the application shall be by notice of motion. The application shall be grounded upon an affidavit sworn by or on behalf of the defendant. Such affidavit shall set out that the defendant has applied for a review of a European order for payment, in accordance with Article 20 of Regulation No. 1896/2006, in the Member State of origin and shall exhibit a certified copy of any document (and, where any such document is not in one of the official languages of the State, a certified translation thereof) by which such review has been brought.

(2) Save where the Court, on being satisfied as to the urgency of the application, otherwise permits, copies of the originating notice of motion (or notice of motion) and affidavit referred to in sub-rule (1) (and any exhibits to that affidavit) shall be served by the defendant (

a

) not later than seven days before the date fixed for the hearing of the originating notice of motion (or notice of motion), on the claimant to whom the European order for payment was issued and (

b

) on such other person or persons as the Court may direct.

7. A claimant to whom a European order for payment has been issued in a Member State of origin other than the State shall be at liberty to apply to the proper officer in the Central Office to cause particulars of the European order for payment to be entered in the books kept for the purpose set out in Order 41, rule 6 in the like manner as is provided for in Order 41, rule 6 in relation to judgments. For the avoidance of doubt, a claimant referred to in this rule shall not be obliged to apply to the proper officer for this purpose.

8. (1) For the avoidance of doubt, a European order for payment and a declaration of enforceability may be signed and sealed by the proper officer in the Central Office on behalf of the Court.

(2) The proper officer in the Central Office may, at the request of the claimant, issue a duplicate of a European order for payment or of a declaration of enforceability.”; and

(iii) by the substitution for rule 9 of Order 63 of the following

“9. (1) Any party aggrieved by an order, including an order as to costs, made by the Master may, within six days from the perfecting of the same, or if made ex parte from notice of the same, or in the case of a refusal from the date of such refusal, apply to the Court to discharge such order or to make the order refused.

(2) Sub-rule (1) shall not apply in the case of a European Enforcement Order certificate issued by the Master in accordance with Order 42B or the issue of, declaration as enforceable of or refusal of, a European order for payment by the Master in accordance with Order 42C.”.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

23

rd December

, 2008.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act 1936

, section 67, by virtue of the powers conferred upon us by the

Courts of Justice Act 1924

, section 36, and the

Courts of Justice Act 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act, 1961

section 48), and the

Courts (Supplemental Provisions) Act 1961

, section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 8 day of December, 2008.

RICHARD JOHNSON

ELIZABETH DUNNE

EDMOND HONOHAN

LYNDON MCCANN

PAUL MCGARRY

PATRICK O'CONNOR

NOEL RUBOTHAM

MAEVE KANE

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

Dated this 16 day of December, 2008.

DERMOT AHERN

Minister for Justice, Equality and Law Reform

S.I. No. 551 of 2008

RULES OF THE SUPERIOR COURTS (EUROPEAN ORDERS FOR PAYMENT) 2008