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Circuit Court Rules

Order: 2A

Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters : S.I. No. 882 of 2004
    1. These Rules, which may be cited as the Circuit Court Rules (Jurisdiction and the recognition and enforcement of Judgments in Civil or Commercial Matters), 2004 shall come into operation on the 23rd day of December, 2004.

    2. The Order referred to in these rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.


    ORDER 2A

    Rule one
    1. The Interpretation of Terms provisions in the Circuit Court Rules, 2001 shall be amended by the insertion of

      "24. " Council Regulation (EC) No. 44/2001" means Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters."

    Rule Two
    2. Order 2(h) and (i) shall cease to apply save in relation to the Kingdom of Denmark and the following provisions shall be inserted which shall apply to all other Member States of the European Community:

    Order 2 (j) Subject to chapter II of Council Regulation (EC) No.44/2001, the jurisdiction of the Court in proceedings that may be instituted in the State by virtue of Article 2, 9 (1)(a), 12, 16, 19(1) or 20 or the proviso to Article 22 (1) of that Regulation shall be exercised by a judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.

    Order 2 (k) The jurisdiction of the Circuit Court relating to proceedings that may be instituted in the State by virtue of Article 9 (1)(b) or 16 of Council Regulation (EC) No.44/2001 by a plaintiff domiciled in the State may be exercised by a judge for the time being assigned to the circuit in which the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation.

    Rule Three
    3. Order 5 rule 10 shall have inserted after the words " the 1968 Convention" the following words:

    "or from Council Regulation (EC) No. 44/2001"

    and the following shall be inserted at the end of paragraph (a) thereof, following the words "should assume jurisdiction":

    "or with a statement that the Court has power under Council Regulation (EC) No. 44/2001 to hear and determine the action, cause or matter, and specify the particular provision or provisions of the said Regulation under which the Court should assume jurisdiction".

    Rule Four
    4. The following additions shall be inserted in Order 14:


      (a) The title to Order 14 shall be amended by the addition after the words

      "Jurisdiction of Courts and Enforcement of Judgements (EC) Act, 1998" of the following words "or Council Regulation (EC) No .44/2001".

      (b) Rule 1 (i) shall be amended by the addition after the words "by virtue of the 1998 Act" of the following words "or Council Regulation (EC) No 44/2001".

      (c) Rule 1 (iii)(b) shall be amended by the addition after the words "Article 16 of the 1968 Convention" of the following words " or Article 22 of Council Regulation (EC) No 44/2001".

      (d) Rule 1 (iii)(c) shall be amended by the addition after the words " Article 17 of the 1968 Convention" of the following words "or Article 23 of Council Regulation (EC) No 44/2001".

      (e) Rule 5 (i) shall be amended by the addition after the words "under the provisions of the 1968 Convention" of the following words "or Council Regulation (EC) No. 44/2001".

      (f) Rule 5 (ii) shall be amended by the addition after the words "under the provisions of the 1968 Convention" of the following words "or Council Regulation (EC) No 44/2001" and after the words " Article 18 of the Convention" of the following words "or Article 24 of Council Regulation (EC) No 44/2001".