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:

(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),

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