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S.I. No. 39/2000 - Jurisdiction of Courts and Enforcement of Judgements Act, 1998 (Section 17 (2)) (Declaration) Order, 2000.

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achtúla 2000 S.I. No. 39/2000 - Jurisdiction of Courts and Enforcement of Judgements Act, 1998 (Section 17

(2)) (Declaration) Order, 2000. S.I. No. 39/2000 - Jurisdiction of Courts and Enforcement of Judgements Act, 1998 (Section 17
(2)) (Declaration) Order, 2000. AmendmentsLeasuithe I, BRIAN COWEN, T.D., Minister for Foreign Affairs, in exercise of the powers conferred upon me by section 17
(2)of the Jurisdiction of Courts and Enforcement of Judgements Act, 1998 (No. 52 of 1998), hereby order as follows: 1. This Order may be cited as the Jurisdiction of Courts and Enforcement of Judgements Act, 1998 (Section 17
(2)) (Declaration) Order, 2000. 2. It is hereby declared— (
  1. a)that the states specified in the First Schedule to this Order are Contracting States; (
  2. b)that a declaration (the text of which in the English language is set out in Part I of the Second Schedule hereto) has been made by the

public of Poland pursuant to Article Ib of Protocol 1 to the Swiss Federal Council; and (c) that a communication (the text of which in the English language is set out in Part II of the Second Schedule hereto) has been made by the

public of Poland pursuant to Article 63 of the Convention to the Swiss Federal Council: FIRST SCHEDULE The State, the

public of Austria, the Kingdom of Belgium, the Kingdom of Denmark, the

public of Finland, the French

public, the Federal

public of Germany, the Hellenic

public, Iceland, the Italian

public, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the

public of Poland, the Portuguese

public, the Kingdom of Spain, the Kingdom of Sweden, Switzerland, the United Kingdom of Great Britain and Northern Ireland. SECOND SCHEDULE PART I “The

public of Poland

serves the right not to

cognise or enforce judgements given in other Contracting States if the jurisdiction of the Court of the State of origin is based, pursuant to Article 16

(1)(b), exclusively on the domicile of the defendant in the State of origin and the property is situated in the territory of the

public of Poland.” PART II 1.

Article 3

of the Convention: — Articles 1103 and 1110 of the Code of Civil Procedure (Kodeks postȩpowania cywilnego) do not apply to the persons designated in Article 3 paragraph 1 of the Convention in the

public of Poland; 2.

Article 32

of the Convention: — In the

public of Poland applications for approval of enforcement of a decision of a foreign court are to be made to the “sąd okrȩgowy”; 3.

Article 37

of the Convention: — In the

public of Poland, appeals against a judgement of a court of first instance are to be made to the “sąd apelacyjny”; — In the

public of Poland only cassation (kasacja) of a judgement issued on appeal is permitted; 4.

Article 40

of the Convention: — In the

public of Poland, if an application for approval of enforcement of the decision of the foreign court is

jected, the applicant may appeal to the “sąd apelacyjny”; 5.

Article 41

of the Convention: — In the

public of Poland only cassation (kasacja) of a judgement issued on the appeal allowed under Article 40 is permitted; 6.

Article 55

of the Convention: this Convention

places the following Conventions: — The Polish-Austrian Convention on Bilateral

lations in Civil Matters and Concerning Documents, signed in Vienna on 11 December 1963; — The Polish-Frence Convention on Applicable Law, Jurisdiction and Enforcement of Judgements in the Field of the Law Concerning Individuals and Families, signed in Warsaw on 5 April 1967; — The Polish-Greek Convention on Mutual Assistance in Civil and Criminal Matters, signed in Athens on 24 October 1979; and — The Polish-Italian Convention on Mutual Assistance and the

cognition Enforcement of Judgements in Civil Matters, signed in Warsaw on 28 April

  1. GIVEN under my Official Seal at Dublin this 4th day of February,
  2. BRIAN COWEN, T.D. Minister for Foreign Affairs EXPLANATORY NOTE. (This note is not part of the Instrument and does not purport to be a legal interpretation.) Section 17

(2)of the Jurisdiction of Courts and Enforcement of Judgements Act, 1998 , enables the Minister for Foreign Affairs to declare which states are Contracting States to the 1988 Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters done at Lugano on the 16th day of September 1988 and that a denunciation, declaration or communication has been made to the Swiss Federal Council pursuant to the said Convention. This Order specifies which States are Contracting States and the denunciations, declarations or communications that have been

ceived by the Swiss Federal Council. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach

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