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S.I. No. 312/2017 - European Communities (European Small Claims Procedure and European Order for Payment) (Amendment) Regulations 2017.

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the making

this Statutory Instrument was published in “Iris Oifigiúil”

14th July, 2017. I, CHARLES FLANAGAN, Minister for Justice and Equality, in exercise

the powers conferred on me by section 3

the European Communities Act 1972 (No. 27

1972) and for the purpose

giving full effect to Regulation (EU) 2015/2421

the European Parliament and

the Council

16 December 20151 , hereby make the following regulations: 1.

(1)These Regulations may be cited as the European Communities (European Small Claims Procedure and European Order for Payment) (Amendment) Regulations 2017.
(2)These Regulations come into operation on 14 July
  2. In these Regulations— “European Order for Payment Regulations” means the European Communities (European Order for Payment) Regulations 2008 ( S.I. No. 525

2008 ), as amended by the European Communities (European Order for Payment) (Amendment) Regulations 2017 ( S.I. No. 82

2017 ); “European Small Claims Procedure Regulations” means the European Communities (European Small Claims Procedure) Regulations 2008 ( S.I. No. 533

2008 ). 3. The European Small Claims Procedure Regulations are amended— (a) in Regulation 2, by the substitution

the following for paragraph

(1): “
(1)In these Regulations, “European Small Claims Regulation” means Regulation (EC) No. 861/2007

the European Parliament and

the Council

11 July 20072 , as amended by Council Regulation (EU) No. 517/2013

13 May 20133 and Regulation (EU) 2015/2421

the European Parliament and

the Council

16 December 20151.”, (b) in Regulation 3, by the substitution

“Regulation (EU) No. 1215/2012

the European Parliament and

the Council

12 December 20124 on jurisdiction and the recognition and enforcement

judgments in civil and commercial matters.” for “Council Regulation (EC) No. 44/2001

22 December 20005 on jurisdiction and the recognition and enforcement

judgments in civil and commercial matters.”; (c) by the insertion

the following after Regulation 3: “(3A) No appeal shall lie from the dismissal by the District Court

an application for the reasons specified in the second subparagraph

paragraph

(4)

Article 4

.”, and (d) in Regulation 4, by the insertion after “Procedure”

“and a court settlement approved by or concluded before a court or tribunal in the course

the European Small Claims Procedure and that is enforceable in the Member State in which the procedure was conducted”. 4. The European Order for Payment Regulations are amended— (a) in Regulation 2, by the substitution

the following for paragraph

(1): “
(1)In these Regulations, ‘Order for Payment Regulation’ means Regulation (EC) No. 1896/2006

the European Parliament and

the Council

12 December 20066 , as amended by Commission Regulation (EU) No. 936/2012

4 October 20127 , Council Regulation (EU) No. 517/2013

13 May 20133 and Regulation (EU) 2015/2421

the European Parliament and

the Council

16 December 20151 ”, and (b) by the substitution

the following for Regulation 9: “9.

(1)Subject to paragraph
(5), paragraph
(2)shall apply to a claim where a statement

opposition is lodged in accordance with Article 16 and— (a) the claimant has indicated that he or she requests, in that event, the procedure listed in point (b)

paragraph

(1)

Article 17

to be applied to his or her claim, (b) the claimant has not indicated which

the procedures listed in points (a) and (b)

paragraph

(1)

Article 17he or she requests, in that event, to be applied to his or her claim, or (c) paragraph

(3)applies and the Master

the High Court is satisfied that the European Small Claims Procedures is not applicable to the claim.

(2)Where this paragraph applies to a claim: (a) the Master

the High Court shall— (i) where the claim could have been prosecuted by way

proceedings in the Circuit Court, remit the proceedings to the Circuit Court, to be prosecuted before the Judge assigned to such circuit as to the Master shall appear suitable or convenient, (ii) where such claim could have been prosecuted by way

proceedings in the District Court, remit the proceedings to the District Court, to be prosecuted before the Judge assigned to such district as to the Master shall appear suitable or convenient, (iii) where neither subparagraph (

  1. i)nor (
  2. ii)applies to the claim, remit the matter for plenary hearing by the High Court, (
  3. b)the application for the European order for payment concerned shall be treated for the purposes

the proceedings as— (i) in the case

the High Court, the originating summons and statement

claim, (ii) in the case

the Circuit Court, the civil bill, (iii) in the case

the District Court, the claim notice, and the defendant shall be treated as having entered an appearance and a defence in relation to the proceedings; (c) the proceedings shall be conducted in accordance with the procedure prescribed by rules

court for proceedings in the court concerned, with such modifications as may be necessary to give effect to the Order for Payment Regulation.

(3)Where a statement

opposition is lodged in accordance with Article 16 and the claimant has indicated that he or she requests, in that event, the European Small Claims Procedure to be applied to his or her claim, the Master

the High Court shall consider whether the European Small Claims Procedure is applicable to the claim.

(4)Where paragraph
(3)applies, and the Master

the High Court is satisfied that the European Small Claims Procedure is applicable to the claim, he or she shall remit the proceedings to the District Court, to be prosecuted in accordance with that procedure before the Judge assigned to such district as to the Master shall appear suitable or convenient.

(5)Where a statement

opposition is lodged in accordance with Article 16, the proceedings shall be terminated where— (

  1. a)the claimant has explicitly requested that the proceedings be terminated in that event, or (
  2. b)subparagraph (
  3. b)or (c)

paragraph

(1)applies to the claim, but the claimant has explicitly requested that the transfer under paragraph
(2)(a)

the proceedings not be made.

(6)In this Regulation, “claim” means a claim to which the European order for payment relates.”. GIVEN under my

ficial Seal, 13 July 2017. CHARLES FLANAGAN, Minister for Justice and Equality. EXPLANATORY NOTE (This is not part

the Instrument and does not purport to be a legal interpretation.) This Regulation makes provision for administrative and procedural arrangements associated with the coming into operation on 14 July 2017

Regulation (EU) 2015/2421

the European Parliament and

the Council

16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure. 1 OJ No. L341, 24.12.2015, p.1 2 OJ No. L199, 31.07.2007, p.

  1. 3 OJ No. L158, 10.06.2013, p.
  2. 4 OJ No. L351, 20.12.2012, p.
  3. 5 OJ No. L12, 16.01.2001, p.
  4. 6 OJ No. L399, 30.12.2006, p.
  5. 7 OJ No. L283, 16.10.2012, p.
  6. 3 OJ No. L158, 10.06.2013, p.
  7. 1 OJ No. L341, 24.12.2015, p.1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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