S.I. No. 618/2015 - Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015.

1. Member State of origin

2. 3. Tel./fax/e-mail

3. 2. Place of court

4. 5. Text of the judgment/court settlement (*) as annexed to this certificate

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

The judgment/court settlement (*) is enforceable in the *Member State/*State of origin (Articles 38 and 58 of the *Regulation/*Convention) against

Name

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

Signature.

County Registrar/person authorised

(*) Delete as appropriate.

EXPLANATORY NOTE

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

These rules amend the Circuit Court Rules by the substitution of Orders 14 and 61A in full, the amendment of the interpretation of Terms and various other Orders and the substitution of Forms 5A and 40A and addition of Form 40E to the Schedule of forms to those 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).

6. Where a person served with a Civil Bill outside the State pursuant to rule 1 has entered an Appearance, the time within which a Defence should be delivered by him shall be 28 days from the date of entry of his Appearance, or where an application has been brought for an order declining jurisdiction in accordance with rule 5, the time shall be 28 days from the date of determination of that application, unless the Court otherwise orders.

7. While any amendments to the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters annexed to Council Decision No 2005/790/EC of 20 September 2005 (OJ L 299/61 of 16 November 2005) signed at Brussels on 19 October 2005 and approved on behalf of the European Community by Council Decision No 2006/325/EC of 27 April 2006 (OJ L 120/22 of 5 May 2006) which have the effect of applying the provisions of Regulation No. 1215/2012 to the Kingdom of Denmark are for the time being in force, notwithstanding any other provision of these Rules to the contrary, the provisions of these Rules which relate to Regulation No. 1215/2012 shall apply in relation to the Kingdom of Denmark, to the extent permitted, and subject to any modifications made necessary, by that Agreement and any such amendments, and the provisions of these Rules which relate to the 1968 Convention shall not apply.”

SCHEDULE 2

“Order 61A

Jurisdiction and the Recognition and Enforcement of Judgments and Decisions of the Circuit Court in Civil or Commercial Matters

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th January

, 2016.

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 this 2nd day of March 2015.

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

David Dodd

Fiona Duffy Coady

Mairead Ahern

Noel Rubotham

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

Dated this 22nd day of December 2015.

Signed: FRANCES FITZGERALD,

MINISTER FOR JUSTICE AND EQUALITY.

S.I. No. 618 of 2015

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