Court Rules

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:

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(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.”

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