S.I. No. 470/2018 - Rules of the Superior Courts (Service in other EU States) 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th November, 2018.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , and 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 make the following Rules of Court.

Dated this 11th day of June, 2018.

Frank Clarke

George Birmingham

Elizabeth Dunne

Anthony Barr

Stuart Gilhooly

Liam Kennedy

Mary Cummins

Noel Rubotham

John Mahon

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

Dated this 12th day of November, 2018.

CHARLES FLANAGAN

Minister for Justice and Equality

S.I. No. 470 of 2018

RULES OF THE SUPERIOR COURTS (SERVICE IN OTHER EU MEMBER STATES) 2018

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Service in other EU Member States) 2018, shall come into operation on the 10th day of December 2018.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2018.

2. The Rules of the Superior Courts are amended by the substitution for sub-rule (1) of rule 4 of Order 11D of the following sub-rule:

“4.(1) In addition to the method of service described at rule 3, a party to proceedings may choose to request diplomatic or consular agents to effect service in another Member State in accordance with Article 13 of Regulation No. 1393/2007 (save where that Member State has indicated opposition to such method of service, in accordance with Regulation No. 1393/2007) or to effect direct service in accordance with Article 15 of Regulation No. 1393/2007.”

EXPLANATORY NOTE

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

These Rules amend Order 11D, Rule 4(1) of the Rules of the Superior Courts by removing reference therein to the option for a party to effect service of a document in another Member State by registered post.