S.I. No. 648/2005 - European Communities (European Enforcement Order) Regulations 2005 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach Engl
Article 10(4) of Regulation (EC) No.
805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, an” for “An”. Amendment of Courts of Justice Act
- The Courts of Justice Act 1936 (No. 48 of 1936) is amended by inserting the following after section 38: “Sections 37 and 38 not to prejudice Article 10
(4)of Regulation (EC) No. 805/2004. 38A. Neither section 37 nor 38 of this Act shall operate to prejudice the generality of Article 10
(4)of Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims.”. Amendment of section 25 of Courts and Court Officers Act 1995. 5. Section 25
(5)of the Courts and Courts Officers Act 1995 (No.31 of 1995) is amended by substituting “
Article 10(4) of Regulation (EC) No.
805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, all” for “All”. Amendment of section 34 of Courts and Court Officers Act 1995. 6. Section 34
(2)of the Courts and Court Officers Act 1995 is amended by substituting “
Article 10(4) of Regulation (EC) No.
805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, all” for “All”. Enforcement of judgment, court settlement or authentic instrument on uncontested claim which has been certified as European Enforcement Order.
- Where a judgment, court settlement or authentic instrument on an uncontested claim has been certified as a European Enforcement Order in a Member State of origin, that judgment, court settlement or authentic instrument, as the case may be- (a) shall be of the same force and effect as a judgment of the High Court, and (b) may be enforced by the High Court, and proceedings taken on it, as if it were a judgment of that Court. Applications under Articles 6, 10, 21 and 23 of Regulation (EC) No. 805/2004 of 21 April
- 8.
(1)An application referred to in Article 6.1 of Regulation (EC) No. 805/2004 of 21 April 2004 shall be made to the court which delivered the judgment on the uncontested claim.
(2)An application referred to in Article 6.2 or 10 of Regulation (EC) No. 805/2004 of 21 April 2004 shall be made to the court which delivered the judgment certified as a European Enforcement Order.
(3)An application referred to in Article 6.3 of Regulation (EC) No. 805/2004 of 21 April 2004 shall be made to the court which delivered the decision following a challenge to a judgment certified as a European Enforcement Order.
(4)The High Court shall have sole jurisdiction in relation to any application referred to in Article 21 or 23 of Regulation (EC) No. 805/2004 of 21 April
- GIVEN under my Official Seal, This 14th. day of October,
- L.S. MICHAEL McDOWELL T.D. Minister for Justice, Equality and Law Reform EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) This Regulation sets out the effect on domestic legislation of Council Regulation (EC No. 805/2004 of 21 April 2004 creating a European Enforcement Order for Uncontested Claims and makes the necessary provisions for the good administration of the Regulation. 1 O.J. L143 of 30.4.2004 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais