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District Court Rules

Amendment to: Order 11
S.I. No. 367 of 2009: District Court (Service in Member States of Judicial and Extra-judicial Documents in Civil or Commercial Matters) Rules 2009


1. These rules may be cited as the District Court (Service in Member States of Judicial and Extra-Judicial Documents in civil or commercial matters) Rules 2009.

2. These rules shall come into operation on the 8th day of October 2009 and shall be construed together with the District Court Rules 1997 to 2009.

3. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:

      (a) by the substitution in rule 1 of Order 11 for the definition of “Service Regulation” of the following definition:

      “ “Service Regulation” means Regulation (EC) No.1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters(service of documents) and repealing Council Regulation No.1348/2000 (O.J.L.324/79)”;

      (b) by the substitution for paragraph (c) of rule 6 of Order 11 of the following:

      “In a case where the person to be served is in another State in which the Service Regulation applies, service shall be effected in accordance with the provisions of the Regulation, which may include service by diplomatic or consular agents, in accordance with Article 13 of the Service Regulation (save where that Member State has communicated, in accordance with Article 23(1) of the Service Regulation, that it is opposed to the service of documents in its territory in the said manner), by registered post in accordance with Article 14 of the Service Regulation or by direct service, in accordance with Article 15 of the Service Regulation. In any other case where the person to be served is in another State which is a party to the Hague Convention, service shall be effected in accordance with the provisions of the Convention (which may include service by post under paragraph(a) provided the destination State has not made an objection to such service under Article 10 (a) of the Hague Convention)”;

      ..............