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 THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE 2007 (the “Hague Maintenance Convention”)

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”)

[SI 202/21]

1 — DEFINITIONS

1 Definitions

Civil and commercial matters: definitions

1. (1) In and for the purposes of Part 2 of this Order –

the ‘1998 Act’ means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998 (No 52 of 1998);

the ‘Brussels Convention’ means the Convention on Jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention) done at Brussels on the 27^th day of September, 1968, (as adjusted by the Accession Conventions of 1978, 1982, 1989 and 1996);

the ‘Conventions’ means the Brussels Convention, the 1971 Protocol, the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention (each as defined in section 2 of the 1998 Act);

‘domiciled’ must be construed, having regard to the instrument applicable in any given case, in accordance with Articles 2 and 59 to 61 of either the Jurisdiction Regulation or the Lugano Convention or, as the case may be, section 15 and the Ninth Schedule of the 1998 Act and Articles 52 and 53 of the Brussels Convention;

‘judgment’ has the meaning assigned to it in section 4(1) of the 1998 Act;