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Rules of the Superior Courts

Order: 11C

Service out of the Jurisdiction under: Council Regulation (EC) No. 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No. 4/2009 (Maintenance Obligations) : S.I. No. 307 of 2013

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No11C-S.I. No. 485 Of 2014: Rules Of The Superior Courts (Court Of Appeal Act 2014) 2014


1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Lugano Convention, Maintenance and Service) 2013, shall come into operation on the 26th day of August 2013.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2013.

2. The Rules of the Superior Courts are amended:

...

      (iii) by the substitution for Orders 11A, 11B and 11C of the Orders set out in Schedule 1;
...

Schedule 1

...

Order 11C

Service out of the Jurisdiction under:

Council Regulation (EC) No. 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility)

Council Regulation (EC) No. 4/2009 (Maintenance Obligations)


1. For the purpose of this Order:

“domiciled” is to be determined in accordance with the provisions of Article 3 of Regulation No. 2201/2003;

“the Maintenance Regulation” means Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7/1 of 10 January 2009);

“relevant maintenance proceedings” means proceedings to which the Maintenance Regulation relates;

“relevant matrimonial or parental proceedings” means proceedings to which Regulation No. 2201/2003 relates;

“relevant Member State” means:

      (a) in the case of relevant maintenance proceedings, a Member State of the European Union other than the State, or

      (b) in the case of relevant matrimonial or parental proceedings, a Member State of the European Union other than the State or Denmark;

“Regulation No. 2201/2003” means Council Regulation (EC) No. 2201/2003 of 27 November 2003 (OJ L 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, and, where the context so admits or requires, shall include reference to Council Regulation (EC) No. 1347/2000 of 29 May 2000 (OJ L 160/22) on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses, as amended (which latter Regulation is repealed as from the date of application of Council Regulation (EC) No. 2201/2003) and any reference to an Article of Council Regulation (EC) No. 2201/2003 shall include reference to the corresponding Article of Council Regulation (EC) No. 1347/2000 indicated in Annex V of Council Regulation (EC) No. 2201/2003;

“resident” or “habitually resident” is to be determined, in relevant matrimonial or parental proceedings in accordance with the provisions of Article 3 of Regulation No. 2201/2003, or relevant maintenance proceedings in accordance with the provisions of Chapter II of the Maintenance Regulation;

“summons” includes, where the context so admits or requires, any other originating document.

2. The provisions of this Order only apply to proceedings which are governed by the terms of Article 1 of Regulation No. 2201/2003 or, as the case may be, Chapter II of the Maintenance Regulation and, so far as practicable and applicable, to any order, motion or notice in any such proceedings.

3. The provisions of Order 4, rule 1A; Order 5, rule 14; Order 11D, rule 5(4); Order 13A, rule 2; Order 19, rule 3A; Order 29, rule 8 and Order 121, rule 2A, as each such provision applies to Regulation No. 2201/2003, shall apply mutatis mutandis to the Maintenance Regulation, as if references therein to Regulation No. 2201/2003 were references to the Maintenance Regulation and with the necessary modifications.

4. Service of an originating summons or notice of summons out of the jurisdiction is permissible without the leave of the Court, if, but only if, it complies with the following conditions:

      (a) the claim made by the summons is one which, by virtue of Regulation No. 2201/2003 or, as the case may be, Chapter II of the Maintenance Regulation, the Court has power to hear and determine, and

      (b) in the case of proceedings governed by the terms of Article 1 of Regulation No. 2201/2003, no proceedings


        (i) relating to divorce, legal separation or marriage annulment between the same parties or, as the case may be,

        (ii) relating to parental responsibility relating to the same child and involving the same cause of action

        are pending in a relevant Member State; or


      (c) in the case of proceedings governed by Chapter II of the Maintenance Regulation, no proceedings relating to maintenance obligations arising from a family relationship, parentage, marriage or affinity between the same parties and involving the same cause of action are pending in a relevant Member State.
5. Where an originating summons or notice of an originating summons is to be served out of the jurisdiction under rule 4, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction) shall be:
      (a) five weeks after the service of the originating summons or notice of summons, exclusive of the day of service where an originating summons or notice of an originating summons is to be served in the European territory of a relevant Member State, or

      (b) six weeks after the service of the originating summons or notice of summons, exclusive of the day of service where an originating summons or notice of summons is to be served in any non-European territory of a relevant Member State.

6. Where two or more defendants are parties to proceedings to which the provisions of this Order apply, but not every such defendant is domiciled or habitually resident in the State or a relevant Member State, the rules as to jurisdiction in Regulation No. 2201/2003 or, as the case may be, in the Maintenance Regulation, shall apply.

7. Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of summons, and not the summons itself, shall be served upon him.

8. Subject to the provisions of this Order, notice in lieu of summons shall be given in the manner in which summonses are served.

9. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court, he or she may do so by entering an appearance in Form No. 8 in Appendix A, Part II.

10. Where in any proceedings a judgment is given of a kind referred to in Article 41(1) or Article 42(1) of Regulation No. 2201/2003, the Registrar shall, where the conditions specified in Article 41(2) or, as the case may be, Article 42(2), of Regulation No. 2201/2003 are satisfied, prepare, for signature by the Judge, the certificate in the form in Annex III or IV, as appropriate, to Regulation No. 2201/2003. Such certificate when signed shall be sealed with the seal of the High Court (or the Supreme Court, as the case may be). The Registrar shall provide such completed certificate to any party to the proceedings who requests same.

11. To the extent that any rule contained in Order 70, Order 70A, Order 133 or any other Order of these Rules is inconsistent with the provisions of Regulation No. 2201/2003, of the Maintenance Regulation or of this Order, the provisions of Regulation No. 2201/2003, of the Maintenance Regulation or of this Order shall prevail.”