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Court: Circuit
Topic: Listing of cases
Category: Criminal

CC06 - European enforcement orders

1.   Regulation (EC) No. 805 /2004 of the European Parliament and Council, dated the 21st April 2004 creating a European Enforcement Order for uncontested claims (OJ L143, 30th April 2004, p.15) ("the EU Regulation"), has application from the 21st October, 2005.

2.  The European Communities (European Enforcement Order) Regulations 2005 (S.I. No. 648 of 2005), made to facilitate the operation of the EU Regulation, come into operation on the 21st October 2005.

3.    (1) An application to certify a judgment of the Circuit Court as a European Enforcement Order may be made ex parte to the court at or subsequent to the hearing at which that judgment is given or made.

      (2) 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 judgment may be made by the judgment creditor or judgment debtor ex parte to the court at or subsequent to the hearing at which the judgment suspending or limiting enforceability is given.

     (3) An application under Article 6(3) of Regulation No. 805/2004 for the issue of a replacement certificate on the determination of an appeal to the court in respect of a judgment certified as a European Enforcement Order may be made ex parte by a party to the appeal on or subsequent to the delivery of the judgment on the appeal.

     (4) An application under Article 10(1) of the EU Regulation for the rectification or the withdrawal of a European Enforcement Order certificate shall be made to the court, on notice to the judgment creditor or judgment debtor, as the case may be.

4. An application for any certificate above mentioned shall, unless the court otherwise directs, be grounded upon an affidavit sworn by or on behalf of the moving party. An affidavit grounding an application to certify a domestic judgment as a European Enforcement Order shall be in the form in the schedule to this practice direction, or shall incorporate the matters in paragraphs 2 to 5 of that form.

5. 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.

6. Any certificate referred to in the preceding paragraphs of this practice direction shall be signed by the County Registrar and sealed.

7. This practice direction shall cease to have effect on the coming into operation of Circuit Court Rules regulating the matters above mentioned.

Dated this 1st day of November, 2005
Matthew Deery
President of the Circuit Court