Circuit Court Rules
Amendment to: General
S.I. No. 618 of 2015: Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015
1. (1) These Rules, which shall come into operation on the 30th day of December 2015, may be cited as the Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015.
(2) These Rules shall be construed together with the Circuit Court Rules.
(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2015.
(4) Notwithstanding the commencement of these Rules, any application to the Circuit Court concerning:
which falls within the scope of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and enforcement of judgments in civil and commercial matters may be commenced, continued and determined as if these Rules had not come into force.
(a) a judgment given in legal proceedings instituted in a Member State of the European Union (other than the State) before 10 January 2015;
(b) an authentic instrument formally drawn up or registered before 10 January 2015, or
(c) a court settlement approved or concluded before 10 January 2015,
2. The “Interpretation of Terms” provisions of the Circuit Court Rules are amended:
(i) by the substitution therein for the definition of “domicile” at paragraph 9 of the following definition—
“9. “domicile” is to be determined in accordance with the provisions of Section 15 of the 1998 Act and Articles 52 and 53 of the 1968 Convention, or as the case may be, the provisions of Articles 62 and 63 of Regulation (EC) No 1215/2012 or the provisions of Articles 59 and 60 of the Lugano Convention.”;
(ii) by the substitution therein for the definition of “Council Regulation (EC) No 44/2001” at paragraph 25 of the following definition—
“25. “Regulation No. 1215/2012” means Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (O.J. L. 351/1 of 20 December 2012)”.