S.I. No. 597/2014 - Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014.

1. Member State of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./Fax/e-mail

3. Claimant(s) [**] [***]

3.1. Person A

3.1.1. Surname and given name(s): ..............

3.1.2. Date (dd/mm/yyyy) and place of birth: ..............

3.1.3. Identity number or social security number: ..............

3.1.4. Address

3.1.4.1. Street and number/PO box:..............

3.1.4.2. Place and postal code:..............

3.1.4.3. Country:..............

3.1.5. Has benefited from

3.1.5.1. legal aid

□ Yes □ No

3.1.5.2. exemption from costs and expenses

□ Yes □ No

3.1.5.3. free proceedings before an administrative authority listed in Annex X of Regulation (EC) No 4/2009

□ Yes □ No

3.2. Person B

3.2.1. Surname and given name(s):..............

3.2.2. Date (dd/mm/yyyy) and place of birth:..............

3.2.3. Identity number or social security number: ..............

3.2.4. Address

3.2.4.1. Street and number/PO box:..............

3.2.4.2. Place and postal code:..............

3.2.4.3. Country: ..............

3.2.5. Has benefited from

3.2.5.1. legal aid

□ Yes □ No

3.2.5.2. exemption from costs and expenses

□ Yes □ No

3.2.5.3. free proceedings before an administrative authority listed in Annex X of Regulation (EC) No 4/2009

□ Yes □ No

3.3. Person C

3.3.1. Surname and given name(s):..............

3.3.2. Date (dd/mm/yyyy) and place of birth:..............

3.3.3. Identity number or social security number:..............

3.3.4. Address

3.3.4.1. Street and number/PO box: ..............

3.3.4.2. Place and postal code:..............

3.3.4.3. Country: ..............

3.3.5. Has benefited from

3.3.5.1. legal aid

□ Yes □ No

3.3.5.2. exemption from costs and expenses

□ Yes □ No

3.3.5.3. free proceedings before an administrative authority listed in Annex X of Regulation (EC) No 4/2009

□ Yes □ No

4. Defendant(s) [**] [***]

4.1. Person A

4.1.1. Surname and given name(s): ..............

4.1.2. Date (dd/mm/yyyy) and place of birth: ..............

4.1.3. Identity number or social security number: ..............

4.1.4. Address

4.1.4.1. Street and number/PO box: ..............

4.1.4.2. Place and postal code:..............

4.1.4.3. Country: ..............

4.1.5. Has benefited from

4.1.5.1. legal aid

□ Yes □ No

4.1.5.2. exemption from costs and expenses

□ Yes □ No

4.1.5.3. free proceedings before an administrative authority listed in Annex X of Regulation (EC) No 4/2009

□ Yes □ No

4.2. Person B

4.2.1. Surname and given name(s): ..............

4.2.2. Date (dd/mm/yyyy) and place of birth: ..............

4.2.3. Identity number or social security number: ..............

4.2.4. Address

4.2.4.1. Street and number/PO box: ..............

4.2.4.2. Place and postal code: ..............

4.2.4.3. Country: ..............

4.2.5. Has benefited from

4.2.5.1. legal aid

□ Yes □ No

4.2.5.2. exemption from costs and expenses

□ Yes □ No

4.2.5.3. free proceedings before an administrative authority listed in Annex X of Regulation (EC) No 4/2009

□ Yes □ No

4.3. Person C

4.3.1. Surname and given name(s):..............

4.3.2. Date (dd/mm/yyyy) and place of birth: ..............

4.3.3. Identity number or social security number:..............

4.3.4. Address

4.3.4.1. Street and number/PO box:..............

4.3.4.2. Place and postal code: ..............

4.3.4.3. Country:..............

4.3.5. Has benefited from

4.3.5.1. legal aid

□ Yes □ No

4.3.5.2. exemption from costs and expenses

□ Yes □ No

4.3.5.3. free proceedings before an administrative authority listed in Annex X of Regulation (EC) No 4/2009

□ Yes □ No

5. Terms of the decision/court settlement

5.1. Currency

√ Euro (EUR) □ Bulgarian lev (BGN) □ Czech koruna (CZK) □ Estonian kroon (EEK) □ Hungarian forint (HUF) □ Lithuanian litas (LTL) □ Latvian lats (LVL) □ Polish zloty (PLN) □ Romanian leu (RON) □ Swedish krona (SEK) Other (please specify ISO code)

5.2. Maintenance claim [****]

5.2.1. Maintenance claim A

5.2.1.1. The maintenance is to be paid

by .............. (surname and given name(s))

to ..............(surname and given name(s) of the person to whom the sum must actually be paid)

Person for whom maintenance is owed

..............(surname and given name(s))

5.2.1.2. □ Amount to be paid in one sum

Period covered, where applicable

(from date (dd/mm/yyyy) to date (dd/mm/yyyy) or event)

Due date:..............(dd/mm/yyyy)

Amount: ..............

5.2.1.3. □ Amount to be paid in instalments

Due date (dd/mm/yyyy)

Amount

5.2.1.4. □ Sum to be paid regularly

□ Once a week

□ Once a month

□ Other (state frequency):..............

Amount: ..............

From:..............(dd/mm/yyyy)

Due day/date:..............

□ If applicable, until (date (dd/mm/yyyy) or event):..............

If the maintenance claim is subject to indexation, please indicate how that indexation is to be calculated: ..............

Indexation applicable as from .............. (dd/mm/yyyy)

5.2.1.5. □ Amount due retroactively

Period covered:.............. ((dd/mm/yyyy) to (dd/mm/yyyy))

Amount:..............

Form of payment: ..............

5.2.1.6. Interest (if specified in the decision/court settlement)

If the maintenance claim is subject to interest, please indicate the rate: ..............

Interest due as from:.............. (dd/mm/yyyy)

5.2.1.7. □ Payment in kind (please specify):..............

5.2.1.8. □ Other form of payment (please specify): ..............

5.2.2. Maintenance claim B

5.2.2.1. The maintenance is to be paid

by .............. (surname and given name(s))

to .............. (surname and given name(s) of the person to whom the sum must actually be paid)

Person for whom maintenance is owed

.............. (surname and given name(s))

5.2.2.2. □ Amount to be paid in one sum

Period covered, where applicable

(from date (dd/mm/yyyy) to date (dd/mm/yyyy) or event)

Due date:..............(dd/mm/yyyy)

Amount: ..............

5.2.2.3. □ Amount to be paid in instalments

Due date (dd/mm/yyyy)

Amount

5.2.2.4. □ Sum to be paid regularly

□ Once a week

□ Once a month

□ Other (state frequency): ..............

Amount: ..............

From: .............. (dd/mm/yyyy)

Due day/date: ..............

□ If applicable, until (date (dd/mm/yyyy) or event): ..............

If the maintenance claim is subject to indexation, please indicate how that indexation is to be calculated: ..............

Indexation applicable as from .............. (dd/mm/yyyy)

5.2.2.5. □ Amount due retroactively

Period covered: .............. ((dd/mm/yyyy) to (dd/mm/yyyy))

Amount: ..............

Form of payment: ..............

5.2.2.6. □ Interest (if specified in the decision/court settlement)

If the maintenance claim is subject to interest, please indicate the rate: ..............

Interest due as from: .............. (dd/mm/yyyy)

5.2.2.7. □ Payment in kind (please specify): ..............

5.2.2.8. □ Other form of payment (please specify): ..............

5.2.3. Maintenance claim C

5.2.3.1. The maintenance is to be paid

by .............. (surname and given name(s))

to..............(surname and given name(s) of the person to whom the sum must actually be paid)

Person for whom maintenance is owed

.............. (surname and given name(s))

5.2.3.2. □ Amount to be paid in one sum

Period covered, where applicable

(from date (dd/mm/yyyy) to date (dd/mm/yyyy) or event)

Due date: .............. (dd/mm/yyyy)

Amount: ..............

5.2.3.3. □ Amount to be paid in instalments

Due date (dd/mm/yyyy)

Amount

5.2.3.4. □ Sum to be paid regularly

□ Once a week

□ Once a month

□ Other (state frequency): ..............

Amount: ..............

From: .............. (dd/mm/yyyy)

Due day/date: ..............

□ If applicable, until (date (dd/mm/yyyy) or event)

If the maintenance claim is subject to indexation, please indicate how that indexation is to be calculated: ..............

Indexation applicable as from: .............. (dd/mm/yyyy)

5.2.3.5. □ Amount due retroactively

Period covered: .............. ((dd/mm/yyyy) to (dd/mm/yyyy))

Amount: ..............

Form of payment: ..............

5.2.3.6. □ Interest (if specified in the decision/court settlement)

If the maintenance claim is subject to interest, please indicate the rate: ..............

Interest due as from: .............. (dd/mm/yyyy)

5.2.3.7. □ Payment in kind (please specify): ..............

5.2.3.8. □ Other form of payment (please specify): ..............

5.3. Costs and expenses

The decision/court settlement provides that

.............. (surname and given name(s))

must pay the sum of ..............

to .............. (surname and given name(s)).

If additional pages have been attached, state the number of pages: ..............

Done at: .............. on: .............. (dd/mm/yyyy)

Signature and/or stamp of the court of origin:..............

[1] OJ L 7, 10.1.2009, p. 1.

[**] If the parties are not the claimant or defendant in the decision/court settlement, indicate either of the parties as claimant or defendant.

[***] If the decision/court settlement concerns more than three claimants or three defendants, attach an additional sheet.

[****] If the decision/court settlement concerns more than three maintenance claims, attach an additional sheet.

EXPLANATORY NOTE

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

These Rules amend the Interpretation of Terms and certain Orders and forms of the Circuit Court Rules, to facilitate the operation of the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and the European Communities (Maintenance) Regulations (S.I. No. 274/2011), giving effect to the Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (“the Maintenance Regulation”).

6. Judgment

6.1. Date

6.2. Reference number

6.3. Was the judgment given in default of appearance?

6.3.1. No

6.3.2. Yes ***

7. Children who are covered by the judgment ****

7.1. Full name and date of birth

7.2. Full name and date of birth

7.3. Full name and date of birth

7.4. Full name and date of birth

8. Names of parties to whom legal aid has been granted

9. Attestation of enforceability and service

9.1. Is the judgment enforceable according to the law of the Member State of origin?

9.1.1. Yes

9.1.2. No

9.2. Has the judgment been served on the party against whom enforcement is sought?

9.2.1. Yes

9.2.1.1. Full name of the party

9.2.1.2. Address

9.2.1.3. Date of service

9.2.2. No

10. Specific information on judgments on rights of access where ‘exequatur’ is requested under Article 28. This possibility is foreseen in Article 40(2).

10.1. Practical arrangements for exercise of rights of access (to the extent stated in the judgment)

10.1.1. Date and time

10.1.1.1. Start

10.1.1.2. End

10.1.2. Place

10.1.3. Specific obligations on holders of parental responsibility

10.1.4. Specific obligations on the person with right of access

10.1.5. Any restrictions attached to the exercise of rights of access

11. Specific information for judgments on the return of the child in cases where the ‘exequatur’ procedure is requested under Article 28. This possibility is foreseen under Article 40(2).

11.1. The judgment entails the return of the child

11.2. Person to whom the child is to be returned (to the extent stated in the judgment)

11.2.1. Full name

11.2.2 Address

Done at........................................., date.....................................

Signature..............

County Registrar/person authorised

* Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

** In cases of joint custody, a person already mentioned under item 3 may also be mentioned under item 4.

*** Documents referred to in Article 37(2) must be attached.

**** If more than four children are covered, use a second form.

FORM 40D

EXTRACT FROM A DECISION/COURT SETTLEMENT IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS NOT SUBJECT TO PROCEEDINGS FOR RECOGNITION OR A DECLARATION OF ENFORCEABILITY

(Articles 20 and 48 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations [1])

2.3. Telephone/Fax/E-mail:..............

23. “1998 Act” means the

Jurisdiction of Courts and Enforcement of Judgments Act 1998

.

24. “1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to the Convention) signed at Brussels on 27 September 1968, and is to be construed in accordance with Section 2 of the 1998 Act.

25. “Council Regulation (EC) No 44/2001” means Council Regulation (EC) No. 44/2001 of 22 December 2000, (OJ L 12 of 16 January 2001 and L 307/28 of 24 November 2001) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

26. “Regulation 2201/2003” means Council Regulation (EC) No 2201/2003 of 27 November 2003 (OJ L 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, and, where the context so admits or requires, shall include reference to Council Regulation (EC) No 1347/2000 of 29 May 2000 (OJ L 160/22) on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses.

27. The “Maintenance Regulation” means Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.

28. The “Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007 and concluded on behalf of the European Community pursuant to Council Decision 2009/430/EC and the Protocols and Annexes thereto (the text of which, in the English language, is set out in the Tenth Schedule to the Jurisdiction of Courts and Enforcement of Judgments Act 1998).

29. References to any Regulation, Directive, Decision or Framework Decision adopted by the Council of the European Union, whether or not jointly with any other institution of the European Union, shall (save where any such amendment or extension does not have force of law in the State) be deemed to be references to such Regulation, Directive, Decision or Framework Decision as amended, extended or applied from time to time, and, where any subsequent Regulation, Directive, Decision or Framework Decision repealing such Regulation, Directive, Decision or Framework Decision expressly so provides, to a subsequent Regulation, Directive, Decision or Framework Decision.”.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd January

, 2015.

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

section 69

of the

Courts of Justice Act 1936

, 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

, Regulation 3 of the European Communities (Rules of Court) Regulations 1972 (

S.I. No. 320 of 1972

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

Dated 25th day of November 2013

(Signed): RAYMOND GROARKE

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Tony Hunt

David Dodd

Gerard J. Doherty

Fiona Duffy Coady

Noel Rubotham

Patricia Casey

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

Dated this 18th day of December, 2014

Signed: FRANCES FITZGERALD, Minister for Justice and Equality.

S.I. No. 597 of 2014

CIRCUIT COURT RULES (LUGANO CONVENTION AND MAINTENANCE REGULATION) 2014