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Circuit Court Rules

Amendment to: General
S.I. No. 597 of 2014: Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014


1. (1) These Rules, which shall come into operation on the 19th day of December 2014, may be cited as the Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014.

(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 2014.

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—

      “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 59 and 60 of either Council Regulation (EC) No 44/2001 or the Lugano Convention.”;

      (ii) by the substitution therein for the definitions at paragraphs 22 to 26 inclusive of the following paragraphs as paragraphs 22 to 29 inclusive—

      “22. The “Courts Service” means the Courts Service established by the Courts Service Act 1998.

      23. “1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act 1998.

      24. “1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to the Convention) signed at Brussels on 27 September 1968, and is to be construed in accordance with Section 2 of the 1998 Act.

      25. “Council Regulation (EC) No 44/2001” means Council Regulation (EC) No. 44/2001 of 22 December 2000, (OJ L 12 of 16 January 2001 and L 307/28 of 24 November 2001) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

      26. “Regulation 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 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.

      27. 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.

      28. The “Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007 and concluded on behalf of the European Community pursuant to Council Decision 2009/430/EC and the Protocols and Annexes thereto (the text of which, in the English language, is set out in the Tenth Schedule to the Jurisdiction of Courts and Enforcement of Judgments Act 1998).

      29. References to any Regulation, Directive, Decision or Framework Decision adopted by the Council of the European Union, whether or not jointly with any other institution of the European Union, shall (save where any such amendment or extension does not have force of law in the State) be deemed to be references to such Regulation, Directive, Decision or Framework Decision as amended, extended or applied from time to time, and, where any subsequent Regulation, Directive, Decision or Framework Decision repealing such Regulation, Directive, Decision or Framework Decision expressly so provides, to a subsequent Regulation, Directive, Decision or Framework Decision.”.