Superior Court Rules

ORDER 42C

EUROPEAN ORDERS FOR PAYMENT

1. In this Order—

‘2008 Regulations’ means the European Communities (Order for Payment) Regulations, 2008 (SI No 525 of 2008);

‘European order for payment’ means an order for payment under the European order for payment procedure referred to Reguation No 1896/2006;

‘Member State’ means a Member State of the European Union, with the exception of Denmark;

‘Member State of origin’ and ‘court of origin’ each has the same meaning as in Article 5 of Reguation No 1896/2006;

‘Reguation No 1896/2006’ means Reguation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure, OJ L 399/1 of 30 December 2006, and corrigendum OJ L 18/11 of 25 January 2007.

[SI 551/08]

2. Subject to Reguation No 1896/2006, the provisions of Orders 42, 45 and 46 of these Rules, insofar as they apply to a judgment of the court, shall apply to a European order for payment which has become enforceable in the Member State of origin, and any reference in any of the said Orders 42, 45 and 46 to a ‘judgment’ shall, where the context so admits, include a reference to a European order for payment which has become enforceable in the Member State of origin.

[SI 551/08]

3. (1) An application to the court for a European order for payment shall, in accordance with Reg 3 of the 2008 Regulations, be made by the claimant by delivering to the Central Office or by sending to that office by—

(a) facsimile;

(b) registered post; or

(c) such means of electronic communication, if any, as may be prescribed by direction of the President of the High Court and under such conditions as the President may so prescribe,

a completed Form A in the form prescribed in Annex I to Reguation No 1896/2006 and the Appendices to that Annex and containing all of the information required to be stated by Article 7(2) of Reguation No 1896/2006.

(2) Every application to the court for a European order for payment shall be entered in a Cause Book kept in accordance with Order 5, rule 7, and assigned a record number in accordance with that rule.

(3) Where Article 9(1) of Reguation No 1896/2006 applies to any application to the court for a European order for payment, the Master shall notify the claimant by causing to be sent to the claimant by one of the methods referred to in rule 3(1) a completed Form B in the form prescribed in Annex II to Regulation No 1896/2006, specifying in the said form the time limit for completing or rectifying the application which shall, save for special reason, not exceed 30 days from the date on which the Form B is sent to the claimant.

(4) Where Article 10(1) of Regulation No 1896/2006 applies to any application to the court for a European order for payment, the Master shall notify the claimant by causing to be sent to the claimant by one of the methods referred to in rule 3(1) a completed Form C in the form prescribed in Annex III to Regulation No 1896/2006, specifying in the place provided in the said form the time limit for accepting or refusing the proposal for a European order for payment for the amount specified, which shall, save for special reason, not exceed 30 days from the date on which the Form C is sent to the claimant.

(5) Where an application to the court for a European order for payment is rejected in accordance with Article 11(1) of Regulation No 1896/2006, the Master shall notify the claimant by causing to be sent to the claimant by one of the methods referred to in rule 3(1) a completed Form D in the form prescribed in Annex IV to Regulation No 1896/2006.

(6) Where a European order for payment is issued by the court, the Master shall, for the purposes of Article 12 of Regulation No 1896/2006, cause the European order for payment (together with the materials required by Articles 12(2) and 16(1) of Regulation No 1896/2006) to be served on the defendant. If served within the State, service shall be by registered prepaid post to the residence or place of business in the State of the defendant or personal. If served outside the State, service shall be in accordance with Order 11D.

(7) For the purposes of such service, the Master may require the claimant to furnish payment by way of reimbursement or advance to meet expenses incurred or to be incurred in effecting such service.

(8) Where the defendant, in accordance with Article 16(1) of Regulation No 1896/2006 and Regulation 3(3) of the 2008 Regulations, lodges a statement of opposition to the European order for payment, the statement of opposition, in the Form F prescribed in Annex VI to Regulation No 1896/2006 or in other written form, shall be lodged by the defendant delivering the same to the Central Office or sending the same to that office by one of the methods referred to in rule 3(1).

(9) Where the defendant does not send a statement of opposition to a European order for payment to the Central Office within the time limit prescribed by Article 16(2) of Regulation No 1896/2006, the Master shall issue a declaration of enforceability in the Form G prescribed in Annex VII to Regulation No 1896/2006 and shall cause the declaration (to which shall be annexed the European order for payment) to be sent to the claimant by one of the methods referred to in rule 3(1).

(10) Where a statement of opposition is entered to a European order for payment in accordance with Regulation No 1896/2006 and the claimant has explicitly requested that the proceedings be terminated in that event, the Master shall, by one of the methods referred to in rule 3(1), cause the claimant to be notified, for the purposes of Article 17(3) of Regulation No 1896/2006, in Form No 3 in Appendix F, Part IV, that the defendant has lodged a statement of opposition and that, in accordance with the request of the claimant, the proceedings have been terminated.

(11) Where

(a) a statement of opposition is entered to a European order for payment in accordance with Regulation No 1896/2006, and

(b) the claimant has not explicitly requested in accordance with Article 17(1) of Regulation No 1896/2006 that the proceedings be terminated in that event, and either:

(i) the claimant has requested that any appropriate national civil procedure be applied to his or her claim in that event, or

(ii) the claimant has not indicated which of either the European Small Claims Procedure or any appropriate national civil procedure he requests be applied to his or her claim, in that event,

the Master shall proceed in accordance with Regulation 9(2) of the 2008 Regulations and shall cause the claimant to be notified that the defendant has lodged a statement of opposition and, as the case may be:

(I) that the proceedings have been remitted to the Circuit Court or to the District Court in accordance with Regulation 9(2) of the 2008 Regulations, or

(II) that the proceedings have been remitted for plenary hearing by the Court.

(12) Where:

(a) a statement of opposition is entered to a European order for payment in accordance with Regulation No 1896/2006, and

(b) the claimant has not explicitly requested in accordance with Article 17(1) of Regulation No 1896/2006 that the proceedings be terminated in that event, and

(c) the claimant has requested that the European Small Claims Procedure as laid down in Regulation (EC) No 861/2007 be applied if a statement of opposition is entered,

the Master shall consider in accordance with Regulation 9(3) of the 2008 Regulations whether the European Small Claims Procedure is applicable to the claim, and:

(i) where he is satisfied that the European Small Claims Procedure is applicable to the claim, remit the proceedings to the District Court in accordance with Regulation 9(4) of the 2008 Regulations to be prosecuted in accordance with the European Small Claims Procedure and cause the claimant to be notified accordingly, or

(ii) where he is not satisfied that the European Small Claims Procedure is applicable to the claim:

(I) if the claimant has explicitly requested, in accordance with Article 17(2) of Regulation No 1896/2006 that the transfer referred to in Article 17(2) of Regulation No 1896/2006 not be made in that event, take no further action and cause the claimant to be notified accordingly, or

(II) where paragraph (I) does not apply, proceed in accordance with Regulation 9(2) of the 2008 Regulations and shall cause the claimant to be notified accordingly that the defendant has lodged a statement of opposition and, as the case may be:

(A) that the proceedings have been remitted to the Circuit Court or to the District Court or

(B) that the proceedings have been remitted for plenary hearing by the Court.

(13) Notifications for the purposes of Article 17(5) of Regulation No 1896/2006 referred to in sub-rule (12) shall be made by one of the methods referred to in rule 3(1), and shall be in Form No 4 in Appendix F, Part IV.

[SI 168/18; SI 551/08]

4. An application by a defendant for a review of a European order for payment under Article 20 of Regulation No 1896/2006 shall, in accordance with Regulation 5 of the 2008 Regulations, be made to the Master by motion, grounded upon an affidavit sworn by or on behalf of the defendant. Copies of the notice of motion and affidavit referred to in this rule (and any exhibits to that affidavit) shall be served by the defendant (a) not later than seven days before the date fixed for the hearing of the motion, on the claimant to whom the European order for payment was issued and (b) on such other person or persons as the Master may direct.

[SI 551/08]

5. An application by a defendant for refusal of enforcement under Article 22 of Regulation No 1896/2006 shall be made to a Judge of the court by originating notice of motion or, where the application relates to a European order for payment made by the court, by notice of motion, entitled ‘In the matter of Article 22 of Regulation No 1896/2006’. The application shall be grounded upon an affidavit sworn by or on behalf of the defendant. Save where the court, being satisfied as to the urgency of the application, otherwise permits, copies of the originating notice of motion (or notice of motion) and affidavit (and any exhibits) shall be served by the defendant (a) not later than seven days before the date fixed for the hearing of the application, on the claimant and (b) on such other person or persons as the court may direct.

[SI 551/08]

6. (1) Where a defendant has applied for a review of a European order for payment, in accordance with Article 20 of Regulation No 1896/2006, in the Member State of origin, an application by the defendant for any relief under Article 23 of Regulation No 1896/2006 shall be made to a Judge of the court by originating notice of motion entitled ‘In the matter of Article 23 of Regulation No 1896/2006’, save where the application relates to a European order for payment made by the court, in which case the application shall be by notice of motion. The application shall be grounded upon an affidavit sworn by or on behalf of the defendant. Such affidavit shall set out that the defendant has applied for a review of a European order for payment, in accordance with Article 20 of Regulation No 1896/2006, in the Member State of origin and shall exhibit a certified copy of any document (and, where any such document is not in one of the official languages of the State, a certified translation thereof) by which such review has been brought.

(2) Save where the court, on being satisfied as to the urgency of the application, otherwise permits, copies of the originating notice of motion (or notice of motion) and affidavit referred to in sub-rule (1) (and any exhibits to that affidavit) shall be served by the defendant (a) not later than seven days before the date fixed for the hearing of the originating notice of motion (or notice of motion), on the claimant to whom the European order for payment was issued and (b) on such other person or persons as the court may direct.

[SI 551/08]

7. A claimant to whom a European order for payment has been issued in a Member State of origin other than the State shall be at liberty to apply to the proper officer in the Central Office to cause particulars of the European order for payment to be entered in the books kept for the purpose set out in Order 41, rule 6 in the like manner as is provided for in Order 41, rule 6 in relation to judgments. For the avoidance of doubt, a claimant referred to in this rule shall not be obliged to apply to the proper officer for this purpose.

[SI 551/08]

8. (1) For the avoidance of doubt, a European order for payment and a declaration of enforceability may be signed and sealed by the proper officer in the Central Office on behalf of the court.

(2) The proper officer in the Central Office may, at the request of the claimant, issue a duplicate of a European order for payment or of a declaration of enforceability.

[SI 551/08]

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