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2015_si_617 IE

S.I. No. 617/2015 - District Court (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) Rules 2015.

10 Articles / Provisions · Ireland
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Table of Provisions (10)

Statutory Text (10 Articles)

ISB SI

1. That the judgment given in the above proceedings at the sitting of the District Court held at.................... on the .......... day of ......................... 20...... is enforceable in this State, and

ISB SI

2. That on the .......... day of ......................... 20...... a copy of the said judgment was served by registered/insured post on the respondent at the following address—.

Dated this .......... day of ......................... 20......

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

District Court Clerk assigned to the above District Court area,

District Court Office at ..............

IRELAND

*delete where inapplicable

EXPLANATORY NOTE

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

These rules amend Order 41B and certain associated forms, and Order 51A of the District Court Rules to facilitate the operation of Regulation (EU) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).

ISB SI

5. That the Court assumed jurisdiction in the proceedings pursuant to the provisions of Article(s) ............................... of *(the Jurisdiction Regulation) *(the 1968 Convention) *(the Lugano Convention) above-named, on the grounds that- ..............

ISB SI

6. That the Court gave judgment against the *(respondent) *(claimant) as follows:- ..............

*7 That the judgment carries interest at the rate of percent per annum on the judgment debt only (exclusive of costs and expenses) that is to say, on the sum of € ............................ from the .......... day of ......................... 20...... until it is paid.

ISB SI

8. That *(notice of appeal against) *(notice to set aside) the judgment *(has been entered) *(has not been entered).

ISB SI

9. That the time for lodging an appeal against the judgment *(expired) *(will expire) on the .......... day of ......................... 20......

ISB SI

10. That enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.

Dated this .......... day of ......................... 20......

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

District Court Clerk assigned to the above District Court area,

District Court Office at ..............

IRELAND

*delete where inapplicable

41B.04

Certificate that a judgment is enforceable

Schedule C

O.41B, r.10 (3)

ÉIRE

IRELAND

AN CHÚIRT DÚICHE THE DISTRICT COURT

District Court Area of District No.

In the matter of

*Regulation (EC) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “

Jurisdiction Regulation

”).

*Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968 (the “

Brussels Convention

”).

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “

Lugano Convention

”).

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

*Section 14 of the Jurisdiction of Courts and Enforcement of Judgments Act 1998.

Record number

CERTIFICATE THAT JUDGMENT IS ENFORCEABLE IN THE STATE AND HAS BEEN SERVED

Between ..............

of .............. Claimant

and ..............

of .............. Respondent

I, ..................................................................., the District Court Clerk assigned to the above District Court area, hereby certify as follows:-

ISB SI

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th January

, 2016.

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 34

of the

Courts (Supplemental Provisions) Act 1961

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

S.I. No. 320 of 1972

), and

section 24

of the

Interpretation Act 2005

, and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 11th day of May 2015.

Rosemary Horgan Chairperson

Mary C Devins

Brian Sheridan

Anne Watkin

Grainne Larkin

Roy Pearson

Noel A Doherty

Michelle Johnston

I concur in the making of the following rules of court.

Dated this 22nd day of December 2015.

FRANCES FITZGERALD,

Minister for Justice and Equality

S.I. No. 617 of 2015

DISTRICT COURT (JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL OR COMMERCIAL MATTERS) RULES 2015

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