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Rules of the Superior Courts

Amendment to: Order 4
S.I. No. 506 of 2005: Rules of the Superior Courts (Jurisdiction, recognition, enforcement and service of proceedings) 2005


1. The Rules of the Superior Courts are hereby amended by:
      (i) the insertion of the following as Order 4, rule 1A, in substitution for the existing Order 4, rule 1A:

        "1A. Where an indorsement of claim on an originating summons concerns a claim which by virtue of Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention, the Court has power to hear and determine, the following provisions shall apply:

        (1) The originating summons shall be endorsed before it is issued with a statement that the Court has the power under Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention to hear and determine the claim and shall specify the particular provision or provisions of Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention (as the case may be) under which the Court should assume jurisdiction; and

        (2) The originating summons shall be endorsed before it is issued with a statement that no proceedings between the parties concerning the same cause of action are pending between the parties in another Member State of the European Union or in a Contracting State of the Lugano Convention.

        (3) For the purposes of this Order –

            "the 1968 Convention" means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the protocol annexed to that Convention), signed at Brussels on the 27th day of September 1968, including the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention;

            "Contracting State of the Lugano Convention" means a Contracting State as defined by section 17(1) of the Jurisdiction of Courts and Enforcement of Judgments Act 1998;

            "the Lugano Convention" means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Lugano on the 16th day of September 1988 and includes Protocol 1;

            "Regulation No. 44/2001" means Council Regulation (EC) No. 44/2001 of 22 December 2000, (O.J. L. 12 of 16 January 2001 and L. 307/28 of 24 November 2001) on jurisdiction and enforcement of judgments in civil and commercial matters as amended by Commission Regulation (EC) No. 1496/2002 of 21 August 2002 (O.J. L. 225/13) and by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded of 16 April 2003 (O.J. L. 236/33);

            "Regulation No. 2201/2003" means Council Regulation (EC) No. 2201/2003 of 27 November 2003 (O.J. L. 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, and, where the context so admits or requires, shall include reference to Council Regulation (EC) No. 1347/2000 of 29 May 2000 (O.J. L. 160/22) on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses, as amended, which latter Regulation is repealed as from the date of application of Council Regulation (EC) No. 2201/2003 and any reference to an Article of Council Regulation (EC) No. 2201/2003 shall include reference to the corresponding Article of Council Regulation (EC) No. 1347/2000 indicated in Annex V of Council Regulation (EC) No. 2201/2003.”

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