281 tal-2008 - Regolamenti tal-2008 dwar Nomina tal-Qrati

L.N. 281 of 2008

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Designation of Courts Regulations, 2008

IN virtue of the powers conferred by article 1009B of the Code

of Organization and Civil Procedure, the Minister for Justice and

Home Affairs, has made the following regulations:-

(1) The title of these regulations is the Designation of Citation and

coming into

Courts Regulations, 2008.

force.

(2) These regulations shall be deemed to have come into force

on the 1st May, 2004.

(1) For the purpose of any rules of court made in terms Designation of

of article 29 of the Code of Organization and Civil Procedure Courts

and commercial

regarding the implementation of the Council Regulations referred to matters

(excluding

in sub-regulation (2), the courts mentioned in that sub-regulation are family matters).

hereby being designated as the competent courts.

(2) The courts mentioned in sub-regulation (1) designated as

the competent courts for the purpose of implementing the following

Council Regulations are as follows

(a)

the Civil Court, First Hall and the Court of

Magistrates (Gozo) (General Jurisdiction Section) in its superior

jurisdiction for the purpose of Council Regulation (EC) No

1348/2000 of the 29 May 2000 on the service in the Member

States of judicial and extrajudicial documents in civil or

commercial matters published in the Official Journal of the

European Communities on 30 June 2000;

(b) the Civil Court, First Hall, the Civil Court (Family

Section), the Court of Magistrates (Malta) and the Court of

Magistrates (Gozo) sitting in its inferior jurisdiction and the

Court of Magistrates (Gozo) (General Jurisdiction Section)

sitting in its superior jurisdiction for the purposes of Council

Regulation (EC) No 1206/2001 of the 28 May 2001 on

cooperation between the courts of the Member States in the

taking of evidence in civil or commercial matters published in

the Official Journal of the European Communities on 27 June

2001; and

(c)

the Civil Court, First Hall, the Court of Magistrates

(Gozo) (General Jurisdiction Section) in its superior

jurisdiction, the Court of Appeal, the Registrar, Civil Courts and

Tribunals and the Registrar Gozo Courts and Tribunals for the

purposes of Council Regulation (EC) No 44/2001 of 22

December 2000 on jurisdiction and the recognition and

enforcement of judgments in civil and commercial matters

published in the Official Journal of the European Communities

on 16 January 2001.

For the purpose of any rules of court made in terms of

article 29 of the Code of Organization and Civil Procedure regarding

the implementation of 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 published in the Official Journal of the

European Communities on 14 December 2004, the Civil Court

(Family Section) and the Court of Magistrates (Gozo) (Family

Section) (Superior Jurisdiction) are hereby being designated as the

competent courts.

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