389 tal-2007 - Ordni tal-2007 dwar il-Komunitajiet Ewropej (Infurzar ta’ Sentenzi tal-Komunità)

L.N. 389 of 2007

EUROPEAN UNION ACT

(CAP. 460)

European Communities (Enforcement of Community Judgments)

Order, 2007

BY virtue of the powers conferred under article 4(2) of the European

Union Act, the Prime Minister has made the following Order>

The title of this Order is the European Communities

(Enforcement of Community Judgments) Order, 2007.

In this Order unless the context otherwise requires>

“Attorney General” includes any other person having an

express or implied authority to act for the Attorney General<

“the Code” means the Code of Organization and Civil

Procedure<

“Community judgment” means any decision, judgment or

order which is enforceable under or in accordance with>

- Article 244 or 256 of the EC Treaty<

- Article 18, 159 or 164 of the Euratom Treaty<

- Article 82 of the Regulation (EC) No.40#94 of

December 20, 1993 on the Community trade mark< or

- Article 71 of Council Regulation (EC) 6#2002 of 12

December 2001 on Community designs<

“EC Treaty” means the treaty establishing the European

Economic Community done at Rome on the 25 th day of March

nineteen fifty-seven (1957) and as subsequently amended<

“enforcement order” means an order made by the Attorney

General under article 3(2)<

“Euratom inspection order” means an order made by the

President of the European Court, or a decision of the Commission

of the European Communities, under Article 81 of the Euratom

Treaty<

“Euratom Treaty” means the treaty establishing the European

Atomic Energy Community done at Rome on the 25 th day of March

nineteen fifty-seven (1957) and as subsequently amended<

“European Court” means the Court of Justice of the European

Communities <

“money judgment” means a judgment which imposes a

pecuniary obligation.

(1) The Attorney General shall be the competent authority Competent

responsible for the verification of the authenticity of a Community authority.

judgment and for the issue of the order for its enforcement.

(2) The Attorney General shall verify the authenticity of a

Community judgment and upon such verification shall make an order

for its enforcement and shall append the order to the Community

judgment.

(1) Any person entitled to enforce a Community judgment Applications for

Registration of

may by application request the Court of Appeal to authorise the Community

registration of the Community judgment.

judgments.

(2) The application shall be filed in the registry of the Court

of Appeal and shall be accompanied by the Community judgment with

the enforcement order appended to it or with copies thereof.

(3) Where the application is for the registration of a money

judgment the application shall be accompanied by a declaration

confirmed on oath made by the applicant stating>

(a) the name of the creditor according to the judgment and

his address or place of business for service in Malta<

(b) the name of the debtor according to the judgment and

his address or place of business for service in Malta<

(c) the extent to which the pecuniary obligation is still

unsatisfied< and

(d) that the European Court has not stayed the execution of

the judgment.

(4) The application shall be served on the person against

whom the Community judgment to be registered has been delivered.

(5) The person served with the application as aforesaid may

file a reply within twelve working days from date of service giving

reasons why the Court should not allow the application or should allow

the application only in part.

(1) In the case of a Community judgment, other than a money

judgment, the Court shall not allow the demand for the registration of

the judgment where the respondent proves to the satisfaction of the

Court that>

(a) there is an irremediable lack of observance of the

formalities or procedural requirements prescribed by article 4 of

this Order< or

(b) the respondent proves to the satisfaction of the Court

that the European Court has stayed the execution of the Community

judgment

(2) In the case of a money judgment the Court shall not

allow the demand for the registration of the judgment>

(a) in the same circumstances provided in paragraphs (a)

and (b) of sub-article (1)< and

(b) where the respondent proves that the pecuniary

obligation has been satisfied>

Provided that where the respondent proves that the pecuniary

obligatoin has only been satisfied in part the Court shall allow the

demand with respect to that part of the obligation which remains

unsatisfied.

(3) In proceedings under this article the Court shall not enter

into the merits of the Community judgment the registration of which is

demanded.

(4) The Court of Appeal shall give its decision on the

application in camera unless the court deems fit that a hearing should

take place.

(1) Following a decision of the Court under article 5 allowing

the registration of a Community judgment as provided in that article

the Community judgment to which the decision refers may be registered

according to the provisions of this article and thereupon the said

Community judgment shall constitute an executive title to the extent

laid down in the Court’s decision.

(2) The applicant for the registration of a Community

judgment which qualifies to be registered as an executive title shall

present to the Registrar of the Court a legal copy of the Court’s decision

under article 5 accompanied by a legal copy of the Community judgment

and enforcement order to which the said decision refers.

(3) Upon receipt of the documents described in subarticle

(2) the Registrar shall proceed to register the documents presented in a

register to be known as the Register of Community Judgments which

shall be maintained by the Registrar for the purposes of article 5.

(4) Upon registration as aforesaid a Community judgment

shall be enforceable by the First Hall Civil Court in accordance with

the provisions of this Order as if it were a judgment delivered by the

same court which has become res judicata>

Provided that, for the avoidance of any doubt, it is herby

declared that the provisions of article 812 of the Code shall not apply to

a Community judgment.

(1) Subject to the following provisions of this article, a Registration of

Community

Community judgement registered as provided in article 6 shall constitute judgement.

an executive title for the purposes of Book Second Part I Title VII of

the Code and the provisions of that title shall apply mutatis mutandis.

(2) The Community judgment constituting an executive title

as aforesaid may be enforced after two days from the day of its

registration as provided in sub-article (1).

(3) For the purpose of article 283A of the Code the court

issuing the executive act shall be deemed to be the Court of Appeal and

the provisions of sub-articles (5) and (6) of the same article shall not

apply to proceedings under the same article regarding an executive act

issued for the enforcement of a Community judgment.

(1) Any person entitled to enforce a Euratom inspection order Enforcement of a

Euratom inspection

may by application request the Court of Appeal to authorise the order.

registration of the Euratom inspection order.

(2) The application shall be filed in the registry of the Court

of Appeal stating the applicant’s address or place of business for service

in Malta as well as the name and address or place of business for service

in Malta of the person against whom the order was made and shall be

accompanied by the Euratom inspection order or a copy thereof.

(3) The provisions of articles 4(4)(5), 5(1)(3)(4) and 6 shall

apply to a Euratom inspection order and references therein to a

Community judgment shall be construed as references to a Euratom

inspection order.

(4) In its decision allowing the registration of a Euratom

inspection order or at any time thereafter the Court of Appeal may make

any order as it thinks fit against any person for the purpose of ensuring

that effect is given to the Euratom inspection order.

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