EUROPEAN COMMUNITIES (ENFORCEMENT OF COMMUNITY JUDGMENTS) ORDER

SUBSIDIARY LEGISLATION 460.19

EUROPEAN COMMUNITIES (ENFORCEMENT

OF COMMUNITY JUDGMENTS) ORDER

23rd November, 2007

LEGAL NOTICE 389 of 2007.

The title of this Order is the European Communities

(Enforcement of Community Judgments) Order.

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 -

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Article 244 or 256 of the EC Treaty;

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Article 18, 159 or 164 of the Euratom Treaty;

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

December 20, 1993 on the Community trade mark; or

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Article 71 of Council Regulation (EC) 6/2002 of 12

December 2001 on Community designs;

"E C Tr e a t y " m ea n s t h e t r e at y e st ab l i sh i n g t h e E u r o p e an

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

1957, and as subsequently amended;

"enforcement order" means an order made by the Attorney

General under article 3(2);

"E u r a t om i n sp e ct i o n o r d er " m ea n s an o r d er m ad e by t h e

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 25th day of

March, 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

responsible for the verification of the authenticity of a Community

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

may by application request the Court of Appeal to authorise the

registration of the Community judgment.

(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; 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 sub-article

(1)(a) and (b); and

(b) where the respondent proves that the pecuniary

obligation has been satisfied

Provided that where the respondent proves that the

pecuniary obligation 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 sub-article (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 hereby

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

Community judgement registered as provided in article 6 shall

constitute 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 may by application request the Court of Appeal to authorise

the 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) and (5), 5(1), (3) and (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.