Circuit Court Rules

ORDER 35A

EUROPEAN ENFORCEMENT ORDERS

1. In this Order —

‘Regulation No 805/2004’ means Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, OJ L 143/15 of 30 April 2004;

‘Regulation No 1869/2005’ means Commission Regulation (EC) No 1869/2005 of 16 November 2005 replacing the Annexes to Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, OJ L 300/6 of 17 November 2005;

‘domestic judgment’ means any —

(a) judgment of the court for any sum of money or order (including an order made by consent, a settlement made a rule of court or a dismiss) of the court requiring payment of any sum of money, or

(b) judgment entered in the office pursuant to these Rules, to which Regulation No 805/2004 applies.

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2. (1) Where a domestic judgment has been given or made by the court, an application to certify that domestic judgment as a European Enforcement Order may be made ex parte to the court at the hearing at which that domestic judgment is given or made, or if not made at that hearing, may be made ex parte in accordance with sub-rule (2) of this rule.

(2) In the case of any domestic judgment of the court other than a domestic judgment certified as a European Enforcement Order at the hearing in accordance with sub-rule (1) of this rule, any application to certify that domestic judgment as a European Enforcement Order shall be made ex parte to the County Registrar.

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3. (1) An application to certify a domestic judgment as a European Enforcement Order shall, unless the County Registrar or the court (as the case may be) otherwise directs or permits, be grounded upon an affidavit sworn by or on behalf of the moving party in the Form 19A of the Schedule of Forms annexed hereto or incorporating the matters in paragraphs 2 to 5 of that Form.

(2) A certificate issued on foot of an application pursuant to Article 6(1) of Regulation No 805/2004 shall be in the form in Annex I to Regulation No 1869/2005.

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4. (1) Where a judgment is given or order or ruling is made that a domestic judgment which has been certified as a European Enforcement Order has ceased to be enforceable or its enforceability is or has been suspended or limited, 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 that domestic judgment may be made by either party to the proceedings in which the domestic judgment was given ex parte to the court at the hearing at which the later judgment is given or order or ruling is made.

(2) If not made at the hearing referred to in sub-rule (1), an application to the court under Article 6(2) of Regulation No 805/2004 for the issue of a certificate indicating the lack or limitation of enforceability of a domestic judgment may be made in accordance with rule 6.

(3) A certificate issued on foot of an application pursuant to Article 6(2) of Regulation No 805/2004 shall be in the form in Annex IV to Regulation No 1869/2005.

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5. (1) Where, on any appeal to the court, a judgment is given, or an order, ruling or decision is made, in respect of a domestic judgment which has been certified as a European Enforcement Order, an application under Article 6(3) of Regulation No 805/2004 for the issue of a replacement certificate may be made by either party to the said appeal ex parte to the court at the hearing of the said appeal, or on the delivery of the judgment on the said appeal.

(2) If not made on the occasion referred to in sub-rule (1), an application under Article 6(3) of Regulation No 805/2004 for the issue of a replacement certificate may be made in accordance with rule 6.

(3) A replacement certificate issued on foot of an application pursuant to Article 6(3) of Regulation No 805/2004 shall be in the form in Annex V to Regulation No 1869/2005.

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6. Unless made in accordance with rule 4(1) or (as the case may be) rule 5(1) of this Order, 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 domestic judgment or an application under Article 6(3) of Regulation No 805/2004 for the issue of a replacement certificate shall be made by motion to the County Registrar on notice to the judgment creditor or judgment debtor, grounded, where necessary, upon an affidavit sworn by or on behalf of the moving party and the provisions of Order 64 of these Rules shall apply to any such motion. There shall be exhibited to any grounding affidavit in any such application a completed draft of the form of certificate sought, and the contents of such draft certificate shall be verified in the grounding affidavit.

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7. (1) An application under Article 10(1) of Regulation No 805/2004 for the rectification or the withdrawal of a European Enforcement Order certificate shall be made to the court which certified the domestic judgment concerned as a European Enforcement Order or, where the County Registrar so certified the domestic judgment, to the County Registrar. Before making such application, the moving party shall complete the form of application in Annex VI to Regulation No 1869/2005 and shall deliver such completed form of application to the office which shall assign a return date to such application. The moving party shall serve a copy of such completed form of application on the judgment creditor or (as the case may be) the judgment debtor, together with a copy of any affidavit sworn by or on behalf of the moving party to ground the application. Where rectification is sought, there shall be exhibited to any grounding affidavit in any such application a copy of the form of European Enforcement Order certificate previously issued, marked with the rectification sought, and the contents of such marked certificate shall be verified in the grounding affidavit. A notice of application in the said form shall be treated for all purposes as if it were a motion to the court or (as the case may be) to the County Registrar and the provisions of Order 64 of these Rules shall apply to any such application.

(2) Where, on any application under this rule, it is determined that the European Enforcement Order certificate in respect of the domestic judgment concerned ought be rectified or withdrawn, the person on whose application the domestic judgment concerned was certified as a European Enforcement Order shall within seven days of such determination lodge the original European Enforcement Order certificate in respect of the domestic judgment concerned in the office. In the case of rectification, the County Registrar shall rectify such certificate, re-sign, re-seal and subject to any direction made in that regard, re-issue such rectified certificate to the person on whose application the domestic judgment concerned was certified as a European Enforcement Order. In the case of withdrawal, the County Registrar shall cancel such certificate.

(3) Where the person on whose application the domestic judgment concerned was certified as a European Enforcement Order fails in accordance with sub-rule (2) to lodge the original European Enforcement Order certificate within seven days of a determination, the County Registrar shall, at the request of the applicant, provide to the applicant a certificate under the seal of the court certifying the fact that the European Enforcement Order certificate has been rectified or (as the case may be) withdrawn. Such certificate shall be in the in the Form 19B of the Schedule of Forms annexed hereto.

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8. (1) The following certificates may be signed and sealed by the County Registrar —

(i) a European Enforcement Order certificate — judgment (Annex I to Regulation No 1869/2005) (including for the avoidance of doubt, such certificate as rectified pursuant to Article 10(1) of Regulation No 805/2004 and in accordance with rule 7(2) of this Order);

(ii) a certificate of lack or limitation of enforceability, (Annex IV to Regulation No 1869/2005) pursuant to Article 6(2) of Regulation No 805/2004;

(iii) a European Enforcement Order replacement certificate, (Annex V to Regulation No 1869/2005) pursuant to Article 6(3) of Regulation No 805/2004;

(iv) any certificate which seems necessary in accordance with rule 7(3) of this Order.

(2) The County Registrar may at the request of the applicant therefor, issue a duplicate of any of the certificates referred to in sub-rule (1).

(3) The County Registrar or the court 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.

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