S.I. No. 617/2015 - District Court (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) Rules 2015.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th January, 2016.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 , the European Communities (Rules of Court) Regulations 1972 ( S.I. No. 320 of 1972 ), and section 24 of the Interpretation Act 2005 , and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 11th day of May 2015.

Rosemary Horgan Chairperson

Mary C Devins

Brian Sheridan

Anne Watkin

Grainne Larkin

Roy Pearson

Noel A Doherty

Michelle Johnston

I concur in the making of the following rules of court.

Dated this 22nd day of December 2015.

FRANCES FITZGERALD,

Minister for Justice and Equality

S.I. No. 617 of 2015

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

1. (1) These Rules, which shall come into operation on the 30th day of December 2015, may be cited as the District Court (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) Rules 2015.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2015.

(4) Notwithstanding the commencement of these Rules, any application to the District Court concerning:

(i) a judgment given in legal proceedings instituted in a Member State of the European Union (other than the State) before 10 January 2015;

(ii) an authentic instrument formally drawn up or registered before 10 January 2015, or

(iii) a court settlement approved or concluded before 10 January 2015,

which falls within the scope of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and enforcement of judgments in civil and commercial matters may be commenced, continued and determined as if these Rules had not come into force.

2. The District Court Rules are amended:

(i) by the substitution for the title of Order 41B of the following title:

“ORDER 41B

SERVICE OF DOCUMENTS OUTSIDE THE STATE WITHOUT THE PERMISSION OF THE COURT

RECOGNITION AND ENFORCEMENT IN THE STATE OF CERTAIN JUDGMENTS GIVEN IN OTHER EU MEMBER STATES AND CERTAIN OTHER STATES

REGULATION (EC) NO 1215/2012 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (RECAST) (the “Jurisdiction Regulation”)

THE BRUSSELS CONVENTION OF THE EUROPEAN COMMUNITIES ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 1968 (the “Brussels Convention”)

THE LUGANO CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN FREE TRADE ASSOCIATION, 2007 (the “Lugano Convention”)

REGULATION (EC) 4/2009 OF 18 DECEMBER 2008 ON JURISDICTION, APPLICABLE LAW, RECOGNITION AND ENFORCEMENT OF DECISIONS AND COOPERATION IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS (the “Maintenance Regulation”)

THE ROME CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS (the “Rome Convention”) AND THE MAINTENANCE ACT 1994

THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE (the “New York Convention”) AND THE MAINTENANCE ACT 1994

THE HAGUE CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND CO-OPERATION IN RESPECT OF PARENTAL RESPONSIBILITY AND MEASURES FOR THE PROTECTION OF CHILDREN 1996 (the “Hague Child Convention”)”

(ii) by the substitution in Order 41B, rule 1(1) for the definition of the “Jurisdiction Regulation” of the following definition:

“the “Jurisdiction Regulation” means Regulation (EC) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (O.J. L. 351/1 of 20 December 2012);”

(iii) by the substitution for Order 41B, rules 2 and 3 of the following rules respectively:

“2 Venue in cross-border insurance matters

2. When it is proposed to bring proceedings before the District Court by virtue of:

(a) Article 11 of the Jurisdiction Regulation, or

(b) Article 9 of the Lugano Convention, or

(c) Article 8.2 of the Brussels Convention,

(all of which relate to insurance matters) against an insurer domiciled in a Member State or Contracting State other than the State and the policy-holder is domiciled in the State, the proceedings may be brought, heard and determined at any sitting of the Court for the transaction of civil business for the Court area in which the policy-holder is ordinarily resident or carries on any profession, business or occupation.

3 Venue in cross-border consumer contract claims

3. When a consumer who is domiciled in the State proposes to bring proceedings before the District Court by virtue of:

(a) Article 18 of the Jurisdiction Regulation, or

(b) Article 16 of the Lugano Convention, or

(c) Article 14 of the Brussels Convention

(all of which relate to consumer contracts) against the other party to a contract and that other party is domiciled in a Member State or Contracting State other than the State, the proceedings may be brought, heard and determined at any sitting of the Court for the transaction of civil business for the Court area in which the consumer is ordinarily resident or carries on any profession, business or occupation.”

(iv) by the substitution for rule 7 of Order 41B of the following rule:

“7.Where, in proceedings to which rule 5 or rule 6 relates, a respondent intends to appear or to be represented at the hearing for the purpose of:

(a) defending the proceedings and/or,

(b) by virtue of Article 26 of the Jurisdiction Regulation; Article 24 of the Lugano Convention, or Article 18 of the Brussels Convention for the purpose of contesting the jurisdiction of the Court,

the respondent or respondent’s solicitor must file:

(i) in proceedings begun by claim notice, an appearance; or

(ii) in proceedings begun by civil summons or other document, a notice of appearance and intention to defend

so soon as to reach the Clerk within the period of five weeks or, as the case may be, six weeks, prescribed by rule 5(6) and within the same period serve a copy on the claimant or claimant’s solicitor (together with a defence, where required). Where the respondent contests the jurisdiction of the Court, the appearance must include a statement to that effect.”;

(v) by the substitution for paragraph (e) of sub-rule (4) of rule 8 of Order 41B of the following paragraph:

“(e) that the respondent has been able to receive the document beginning the proceedings or notice in sufficient time to enable him or her to arrange for his or her defence, or all necessary steps have been taken to this end, as required by Article 28 of the Jurisdiction Regulation; Article 26 of the Lugano Convention or, as the case may be, Article 20 of the Brussels Convention.”;

(vi) by the substitution for Order 41B, rules 9 and 10 of the following rules respectively:

“9 Enforcement of judgments abroad: provision of documents

9. (1) An interested party who, for the purposes of Articles 53 and 54 of the Lugano Convention or, as the case may be, Articles 46 and 47 of the Brussels Convention, requests the provision of the documents mentioned in section 14 of the 1998 Act in respect of a judgment given in the District Court, must lodge with the Clerk for the Court area in which the judgment was given-

(a) an original and two copies of the judgment duly completed,

(b) a certificate in duplicate in the Form 41B.03 Schedule C, and

(c) where appropriate, an original and copy or copies of the document or documents establishing that notice of the institution of proceedings was served on the respondent.

(2) When the judgment has been signed by the Judge and served in accordance with the provisions of rule 10, the Clerk must give to the party requesting them a duly authenticated copy of the judgment, a certificate in the Form 41B.03 Schedule C and a certified true copy or copies of the document or documents referred to in sub-rule 1(c), and must retain the other documents in his or her custody.

10 Service of judgment and proof of service

10. (1) Where, for the purposes of Article 43 of the Jurisdiction Regulation, Article 53 of the Lugano Convention or, as the case may be, Article 47 of the Brussels Convention, it is necessary to serve on a respondent a judgment given at a sitting of the District Court, service must be effected by or on behalf of the claimant in accordance with the provisions of the Service Regulation or the Hague Convention and this Part.

(2) When service has been effected and duly certified, the certificate of service or, where appropriate, the certificate of posting, statutory declaration as to service and the advice of delivery form, must be lodged with the Clerk for retention with the original judgment.

(3) On the request of a party applying for enforcement of a judgment for the provision of the documents referred to in Article 47.1 of the Brussels Convention, the Clerk must give to that party a certificate in the Form 41B.04 Schedule C (with any necessary modifications) and a certified copy or copies of the relevant document or documents lodged under sub-rule (2).

(4) On the request of a party applying for enforcement of a judgment for the provision of the certificate referred to in Article 53 of the Jurisdiction Regulation, the Clerk must give to that party a certificate in the form in Annex I to the Jurisdiction Regulation;

(5) On the request of a party applying for enforcement of a judgment for the provision of the certificate referred to in Article 54 of the Lugano Convention, the Clerk must give to that party a certificate in the form in Annex V to the Lugano Convention (L 339/3 of 21 December 2007), and

(vii) by the insertion in Order 51A immediately following sub-rule (6) of rule 3 of the following sub-rule:

“(7) Where the debt to which the applications relates arises from

(i) a judgment given in legal proceedings instituted in a Member State of the European Union (other than the State) on or after 10 January 2015;

(ii) an authentic instrument formally drawn up or registered in legal proceedings instituted in a Member State of the European Union (other than the State) on or after 10 January 2015, or

(iii) a court settlement approved or concluded in legal proceedings instituted in a Member State of the European Union (other than the State) on or after 10 January 2015 which falls within the scope of the Jurisdiction Regulation (as defined in Order 41B, rule 1(1)), the statutory declaration by or on behalf of the creditor must also:

(a) exhibit the documents referred to in Article 42(1) or, as the case may be, Article 42(2) and, where required, Article 42(3) or Article 42(4) of the Jurisdiction Regulation, and

(b) include proof of service of the certificate issued pursuant to Article 53 of the Jurisdiction Regulation in the manner provided by Article 43 of the Jurisdiction Regulation, and

(c) confirm whether or not the requirements of Article 43(2) (as to service of a translation of the judgment) apply and if so, that they have been complied with.”

3. The Forms 41B.01 to 41B.04 inclusive in Schedule 1 shall be substituted for the forms bearing the like numbers respectively in Schedule C to the District Court Rules 1997.

Schedule 1

“41B.01

Notice of commencement of proceedings

Schedule C

O. 41B, rr. 5(2), 5(3), 5(6), 13(2), 13(3), 13(5), 19, 25(1)

ÉIRE

IRELAND

AN CHÚIRT DÚICHE THE DISTRICT COURT

District Court Area of District No.

In the matter of

*Regulation (EC) No 1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the “Jurisdiction Regulation”)

*The Brussels Convention of the European Communities on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, 1968 (the “Brussels Convention”)

*The Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters Between Member States of the European Communities and the European Free Trade Association, 2007 (the “Lugano Convention”)

*Council Regulation (EC) 4/2009 of 18 December 2008 on Jurisdiction, Applicable Law, Recognition and Enforcement of Decisions and Cooperation in Matters relating to Maintenance Obligations (the “Maintenance Regulation”)

*The Rome Convention Between the Member States of the European Communities on the Simplification of Procedures for the Recovery of Maintenance Payments (the “Rome Convention”) and the Maintenance Act 1994

*The New York Convention on the Recovery Abroad of Maintenance (the “New York Convention”) and the Maintenance Act 1994

*The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children 1996 (the “Hague Child Convention”)

Record number:

NOTICE OF COMMENCEMENT OF LEGAL PROCEEDINGS

Between ..............

of .............. Claimant

and ..............

of .............. Respondent

YOU ARE HEREBY GIVEN NOTICE that proceedings have been begun against you, the above respondent, *domiciled *habitually resident at ................................. by the above claimant, *(ordinarily resident) *(carrying on a profession/business/ occupation) *(habitually resident) at .................................*(in the above District Court area), claiming as follows:-

[insert particulars of claim from claim notice, maintenance summons or other relevant originating document]

If you are sued in the capacity of the policyholder, the insured, or a beneficiary under an insurance contract; the injured party; a consumer or an employee:

(i) you have a right to contest the jurisdiction of this Court and if you wish to do so, you must give, or send by post, to the claimant or claimant’s solicitor at the address for service mentioned above an appearance contesting jurisdiction and defence in Form 42.02, Schedule C of the District Court Rules, not later than *five/*six weeks after the service on you of this claim notice, and at the same time file a copy of your appearance contesting jurisdiction with the District Court Clerk at the address below, and

(ii) if you file an unconditional appearance, this Court has jurisdiction under Article 26.1 of Regulation No. 1215/2012, and

(iii) if you do not file an appearance, judgment may be given in default against you.

†IF YOU DISPUTE THE CLAIM and wish to defend the proceedings or on the merits of the claim (but do not contest the jurisdiction of the Court), then you must give, or send by post, to the claimant or claimant’s solicitor at the address for service mentioned above an appearance and defence in Form 42.01, Schedule C of the District Court Rules, not later than *five/*six weeks after the service on you of this claim notice, and at the same time file a copy of your appearance with the District Court Clerk at the address below.

‡The proceedings have been listed for hearing at the sitting of the District Court to be held at .............................. on the .......... day of ......................... 20...... at a.m./p.m. IF YOU DISPUTE THE CLAIM, you should serve and file an appearance and notice of intention to defend in the Form 42.02, Schedule C of the District Court Rules (as attached) and appear or arrange to be represented at that hearing.

IF YOU FAIL TO RESPOND THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU

Dated this .......... day of ......................... 20......

Signed ..............

District Court Clerk assigned to the above District Court area,

District Court Office at ..............

IRELAND

To .................................................................

of .................................................................

the above respondent.

The proceedings have been issued on ......................... 20...... by the District Court Clerk at ........................ at the request of *(the claimant) *(.................... solicitors of ..........................................................................., solicitors for the claimant)

*delete where inapplicable

† For proceedings begun by claim notice

‡ For proceedings begun by a civil summons which is assigned a return date. Where the proceedings are begun by a civil summons which is assigned a return date, notice of appearance and intention to defend in Form 42.02, Schedule C of the District Court Rules must be attached.

41B.02

Certificate as to jurisdiction

Schedule C

O. 41B, rr. 5(3), 5(6); 13(3), 13(5)

ÉIRE

IRELAND

AN CHÚIRT DÚICHE THE DISTRICT COURT

District Court Area of District No.

In the matter of

*Regulation (EC) No 1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the “Jurisdiction Regulation”)

*The Brussels Convention of the European Communities on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, 1968 (the “Brussels Convention”)

*The Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters Between Member States of the European Communities and the European Free Trade Association, 2007 (the “Lugano Convention”)

*Council Regulation (EC) 4/2009 of 18 December 2008 on Jurisdiction, Applicable Law, Recognition and Enforcement of Decisions and Cooperation in Matters relating to Maintenance Obligations (the “Maintenance Regulation”)

*The Rome Convention Between the Member States of the European Communities on the Simplification of Procedures for the Recovery of Maintenance Payments (the “Rome Convention”) and the Maintenance Act 1994

*The New York Convention on the Recovery Abroad of Maintenance (the “New York Convention”) and the Maintenance Act 1994

Record number:

CERTIFICATE AS TO COURT’S JURISDICTION

Between ..............

of .............. Claimant

and ..............

of .............. Respondent

I ..............................................*(solicitor for) the above claimant hereby certify:

1. That the claim(s) made in the document beginning the above proceedings which was lodged with this certificate *is a claim/*are claims which under the *(Jurisdiction Regulation) *(Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1998) *(Maintenance Regulation), the Court has power to hear and determine by virtue of the provisions of Article(s)...... of *(the Jurisdiction Regulation) *(the Brussels Convention) *(the Lugano Convention) *(the Maintenance Regulation),

2. That the claim(s) brought by the claimant *is a claim/*are claims which the Court has jurisdiction to hear and determine by reason of the fact(s) that **............................

3. That no proceedings involving the same cause of action are pending between the parties in another *Member State *Contracting State.

Dated this .......... day of ......................... 20......

Signed ..............

*(Solicitor for the) claimant

*delete where inapplicable

**for examples of clauses which might be inserted here see below

**Examples of clauses which may be used, as appropriate, in recital no. 2

• The respondent is domiciled in the above District Court Area within the jurisdiction of the Honourable Court

• The claim against the respondent arises out of a contract and the place for performance of the obligations under the contract is within the jurisdiction of the Honourable Court and therefore, by virtue of *(Article 7.1 of the Jurisdiction Regulation) *(Article 5.1 of the Brussels Convention) *(Article 5.1 of the Lugano Convention) above-named, the Court has jurisdiction.

• The claim against the respondent is a claim in tort and the harmful event giving rise to the cause of action occurred in the above District Court Area within the jurisdiction of the Honourable Court.

• The claim against the respondent relates to and/or arises out of the operation of a branch, agency or other establishment of the respondent which said branch, agency or establishment is situated in the above District Court Area within the jurisdiction of the Honourable Court.

• The claim against the respondent is a claim in which the claimant is a policy holder under a policy of insurance and it is therefore a claim to which *(Article 11 of the Jurisdiction Regulation) *(Article 9 of the Lugano Convention) *(Article 8.2 of the Brussels Convention) applies. The Plaintiff is ordinarily resident/carries on a profession, business or occupation in the above District Court Area within the jurisdiction of the Honourable Court.

• The claim against the respondent is brought by the claimant in his/her capacity as a consumer in relation to a consumer contract to which *(Article 18 of the Jurisdiction Regulation) *(Article 16 of the Lugano Convention) *(Article 14 of the Brussels Convention) applies. The claimant is ordinarily resident/carries on a profession, business or occupation in the above District Court Area within the jurisdiction of the Honourable Court.

• The claim against the respondent is a claim to which *(Article 24 of the Jurisdiction Regulation) *(Article 22 of the Lugano Convention) *(Article 16 of the Brussels Convention) (relating to exclusive jurisdiction) applies and the Honourable Court has exclusive jurisdiction to hear and determine the claim because (give details as in relevant provisions of Article 24/Article 22/Article 16)

• The claim against the respondent arises out of a contract/agreement made between the claimant and the respondent which provided, inter alia, that the Honourable Court was to have jurisdiction in relation to matters arising out of the contract/agreement and, by virtue of *(Article 25 of the Jurisdiction Regulation) *(Article 23 of the Lugano Convention) *(Article 17 of the Brussels Convention), the Honourable Court is entitled to assume jurisdiction.

• The claimant’s claim is a claim relating to maintenance obligations and the claimant is habitually resident in the District Court Area above-named and the claim is within the jurisdiction of the Honourable Court by virtue of Article 3(b) of the Maintenance Regulation.

• The claimant’s claim is a claim relating to maintenance obligations and the claim is ancillary to proceedings concerning the status of a person (specify the proceedings concerned) which proceedings are within the jurisdiction of the Honourable Court by virtue of (specify the basis of the Court’s jurisdiction) and accordingly the claim relating to maintenance obligations is within the jurisdiction of the Honourable Court by virtue of Article 3(c) of the Maintenance Regulation.

• The claimant’s claim is a claim relating to maintenance obligations and the said claim is ancillary to proceedings concerning parental responsibility (specify the proceedings concerned) which proceedings are within the jurisdiction of the Honourable Court by virtue of (specify the basis of the Court’s jurisdiction) and accordingly the claim relating to maintenance obligations is within the jurisdiction of the Honourable Court by virtue of Article 3(d) of the Maintenance Regulation.

• The claimant’s claim is a claim relating to maintenance obligations and the parties have agreed in accordance with Article 4 of the Maintenance Regulation the Honourable Court shall have jurisdiction to settle any disputes in matters relating to a maintenance obligation which have arisen or may arise between them, and the Court is a court mentioned in Article 4.1*(a)*(b)*(c) of the Maintenance Regulation.

41B.03

Certificate as to judgment

Schedule C

O.41B, r.9 (1)(b), 9 (2)

ÉIRE

IRELAND

AN CHÚIRT DÚICHE THE DISTRICT COURT

District Court Area of District No.

In the matter of

*Regulation (EC) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968 (the “Brussels Convention”).

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “Lugano Convention”).

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

*Section 14 of the Jurisdiction of Courts and Enforcement of Judgments Act 1998.

Record number:

CERTIFICATE BY DISTRICT COURT CLERK

Between ..............

of .............. Claimant

and ..............

of .............. Respondent

I, ..................................................................., the District Court Clerk assigned to the above District Court area, hereby certify as follows:-

1. That the above-named proceedings were in respect of a claim by the claimant against the respondent brought before this Court on .......... day of ......................... 20...... by *claim notice *(civil) summons issued on the .......... day of ......................... 20...... claiming as follows ..............

2. That *(the document beginning the proceedings) *(notice of the commencement of the proceedings) was served on the respondent on the .......... day of ......................... 20...... in the following manner- ..............

3. That the respondent *(appeared) *(did not appear) at the hearing of the proceedings.

4. That the respondent *(was represented) *(was not represented) at the hearing of the proceedings.

5. That the Court assumed jurisdiction in the proceedings pursuant to the provisions of Article(s) ............................... of *(the Jurisdiction Regulation) *(the 1968 Convention) *(the Lugano Convention) above-named, on the grounds that- ..............

6. That the Court gave judgment against the *(respondent) *(claimant) as follows:- ..............

*7 That the judgment carries interest at the rate of percent per annum on the judgment debt only (exclusive of costs and expenses) that is to say, on the sum of € ............................ from the .......... day of ......................... 20...... until it is paid.

8. That *(notice of appeal against) *(notice to set aside) the judgment *(has been entered) *(has not been entered).

9. That the time for lodging an appeal against the judgment *(expired) *(will expire) on the .......... day of ......................... 20......

10. That enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.

Dated this .......... day of ......................... 20......

Signed ..............

District Court Clerk assigned to the above District Court area,

District Court Office at ..............

IRELAND

*delete where inapplicable

41B.04

Certificate that a judgment is enforceable

Schedule C

O.41B, r.10 (3)

ÉIRE

IRELAND

AN CHÚIRT DÚICHE THE DISTRICT COURT

District Court Area of District No.

In the matter of

*Regulation (EC) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968 (the “Brussels Convention”).

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “Lugano Convention”).

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

*Section 14 of the Jurisdiction of Courts and Enforcement of Judgments Act 1998.

Record number:

CERTIFICATE THAT JUDGMENT IS ENFORCEABLE IN THE STATE AND HAS BEEN SERVED

Between ..............

of .............. Claimant

and ..............

of .............. Respondent

I, ..................................................................., the District Court Clerk assigned to the above District Court area, hereby certify as follows:-

1. That the judgment given in the above proceedings at the sitting of the District Court held at.................... on the .......... day of ......................... 20...... is enforceable in this State, and

2. That on the .......... day of ......................... 20...... a copy of the said judgment was served by registered/insured post on the respondent at the following address—.

Dated this .......... day of ......................... 20......

Signed ..............

District Court Clerk assigned to the above District Court area,

District Court Office at ..............

IRELAND

*delete where inapplicable

/images/ls

EXPLANATORY NOTE

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

These rules amend Order 41B and certain associated forms, and Order 51A of the District Court 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).