Topic: European enforcement orders
HC41 - European enforcement orders
Notice and practice direction
- Regulation (EC) No. 805 /2004 of the European Parliament and Council,dated the 21st April 2004 creating a European Enforcement Order for uncontested claims (OJ L143, 30th April 2004, p.15) ("the EU Regulation"), has application from the 21st October, 2005.
- The European Communities (European Enforcement Order) Regulations 2005 (S.I. No. 648 of 2005), made to facilitate the operation of the EU Regulation, come into operation on the 21st October 2005.
- Pursuant to section 25(1) of the Courts and Court Officers Act, 1995, I hereby allocate to the Master of the High Court ("the Master") the following functions and powers, exercisable upon application made to the Master in accordance with this Practice Direction:
(a) the issuing of european enforcement order certificates under article 6.1 of the EU Regulation;
(b) the issuing of certificates indicating the lack or limitation of enforceability of a judgment under article 6(2) of the EU Regulation;
(c) the issuing of replacement certificates under Article 6(3) of the EU Regulation.
- (1) An application to certify a judgment of a judge of the High Court as a european enforcement order may be made ex parte to the court at the hearing at which that judgment is given or made.
(2) Where such application has not been made at the hearing last mentioned, and in the case of any judgment entered in the Central Office, application to certify the judgment as a european enforcement order shall be made ex parte to the master.
(3) An application under Article 6(2) of Regulation No. 805/2004 for the issue of a certificate indicating the lack or limitation of enforceability of a judgment may be made by the judgment creditor or judgment debtor ex parte to the court at the hearing at which the judgment suspending or limiting enforceability is given.
(4) An application under article 6(3) of Regulation No. 805/2004 for the issue of a replacement certificate on the determination of an appeal to the High Court in respect of a judgment certified as a european enforcement order may be made ex parte by a party to the appeal on the delivery of the judgment on the appeal.
(5) Where an application for a certificate in accordance with sub-paragraphs 3 or 4 has not been made, an application for the certificate may be to the master on notice to the judgment creditor or judgment debtor, as the case may be.
(6) An application under Article 10(1) of the EU Regulation for the rectification or the withdrawal of a european enforcement order certificate shall be made to the court or, where the Mas ter certified the judgment as a european enforcement order, to the master, on notice to the judgment creditor or judgment debtor, as the case may be.
- An application for any certificate above mentioned shall, unless the court or the master, as the case may be, otherwise directs,be grounded upon an affidavit sworn by or on behalf of the moving party. An affidavit grounding an application to certify a domestic judgment as a european enforcement order shall be in the form in the schedule to this notice and practice direction, or shall incorporate the matters in paragraphs 2 to 5 of that form.
- The court or the master, as the case may be, may direct the applicant to lodge a draft of the completed form of a certificate, where such draft certificate has not already been exhibited to an affidavit grounding the application for the certificate.
- Certificates issued by a judge of the High Court shall be signed and sealed by a registrar of the Court. Certificates issued by the master shall be signed and sealed by the registrar to the master. Certificates under article 6(1) of the EU Regulation in respect of judgements entered in the Central Office shall be signed and sealed by the Registrar of the Central Office.
- The allocation referred to in paragraph 3 and this practice direction shall cease to have effect on the coming into operation of Rules of the Superior Courts regulating the matters above mentioned.
Affidavit grounding application to certify a judgment as a European Enforcement Order
[Title as in the proceedings]
I, AB, of , the (plaintiff or state other capacity) in the above-entitled proceedings, aged eighteen years and upwards MAKE OATH and say as follows:
- [State deponent's authority]. I make this affidavit from facts within my own knowledge save where otherwise appears and where so otherwise appears, I believe the same to be true.
- I beg to refer to the proceedings had herein and to the [judgment given/order made] on the day of 20 where [judgment was given for the plaintiff / the defendant was ordered to pay the plaintiff] the sum of € . I say that the said [judgment/order] amounts to a judgment on an uncontested claim, within the meaning of Regulation (EC) No 805/2004.
- The claim herein was for payment of a specific sum of money which had fallen due and that the claim was uncontested within the meaning of Article 3 of Regulation (EC) No 805/2004 because:
[state which of the circumstances set out in Article 3 applies]
- The [judgment / order] may be certified as a european enforcement order under article 6 of Regulation (EC) No 805/2004 because:
*each of the conditions set out in paragraphs (a), (b), (c) and (where appropriate) (d) of paragraph 1 of Article 6 of the said Regulation is met in respect of the [judgment / order] or
*(where any of the procedural requirements set out in any one or more of Articles 13 to 17 inclusive of Regulation (EC) No 805/2004 is not met) *each of the conditions set out in paragraphs (a), (b) and (where appropriate) (d) of paragraph 1 of Article 6 of the said Regulation is met in respect of the [judgment / order] and, [state the basis upon which under Article 18(1) or Article 18(2) of the Regulation any non-compliance was cured]
- I beg to refer to a completed draft european enforcement order certificate in the form in Annex I to Regulation No. 805/2004 upon which marked "A" I have signed my name prior to the swearing hereof and I say that the contents of the said draft certificate as completed are true. I accordingly pray that the [judgment / order] be certified as a European Enforcement Order in accordance with Article 6 of the said Regulation No. 805/2004 in the form of the draft exhibited hereto.