District Court Rules

MISCELLANEOUS MATTERS

ORDER 90

AIR NAVIGATION (EUROCONTROL)

Definitions

1. In this Order—

‘the Act of 1963’ means the Air Navigation (Eurocontrol) Act, 1963 (No 15 of 1963);

‘the Act of 1983’ means the Air Navigation (Eurocontrol) Act, 1983 (No 38 of 1983);

‘determination’ has the meaning assigned to it in section 1 of the Act of 1983;

‘the Organisation’ has the meaning assigned to it in section 2 of the Act of 1963.

Venue

2. Proceedings brought before the court pursuant to section 7 of the Act of 1983 for the recovery of a sum due to the Organisation in respect of air navigation facilities and services provided by that body, or by any other person, shall be brought, heard and determined before sittings of the court for the transaction of civil business for the court area—

(a) wherein the defendant’s residence or, as the case may be, the defendant’s registered office, is located, or

(b) if such residence or, as the case may be, such registered office is not located in the State, wherein the defendant has a place of business, or

(c) if such residence or, as the case may be, such registered office is not located, or he or she has no place of business in the State, wherein the defendant has assets, or

(d) if such residence or, as the case may be, such registered office is not located, or he or she has no place of business or assets in the State, wherein the Organisation, for the time being, has its headquarters.

Proceedings by civil summons

3. Such proceedings shall be instituted by the issue of a civil summons for a debt or liquidated money demand in the Form 39.2, Schedule C, and the provisions of these Rules relating thereto shall mutatis mutandis apply to such proceedings.

Copies of decrees and civil summonses

4. (1) A person seeking a certified copy of a determination for the purposes of section 9 of the Act of 1983 shall complete and lodge with the Clerk the relevant decree in duplicate, together with an affidavit of debt (where appropriate) in duplicate, and shall pay any prescribed court fee. When the decree has been signed by the Judge, the Clerk shall retain the original decree and affidavit, and shall certify and issue the copies to the applicant therefor.

(2) Upon application being made under the said section 9 and upon payment of the prescribed court fee, the Clerk shall prepare, certify and issue to the applicant therefor a copy of the original civil summons (including the statutory declaration as to service).

Certificate under s 9(c)

5. The certificate to be issued by the Clerk under section 9(c) of the Act of 1983 shall be in the Form 90.1, Schedule C.

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