Jurisdiction of Courts and Enforcement of Judgments Act, 1998.

Jurisdiction of Courts and Enforcement of Judgments Act, 1998. 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Jurisdiction of Courts and Enforcement of Judgments Act, 1998. Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 52 of 1998 JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1998 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Texts of Conventions and Protocols. PART II The 1968 Convention and the Accession Conventions 4. Interpretation of this Part. 5. Conventions to have force of law. 6. Interpretation of Conventions. 7. Applications for recognition and enforcement of Community judgments. 8. Enforcement of Community judgments by the High Court. 9. Enforcement of Community maintenance orders by the District Court. 10. Provisions in enforcement orders for payment of interest on judgments and payment of costs. 11. Currency of payments under Community maintenance orders. 12. Proof and admissibility of certain judgments, documents and related translations. 13. Provisional, including protective, measures. 14. Provision of certain documents by courts in the State to interested parties. 15. Domicile for purposes of 1968 Convention and this Part. 16. Venue for certain proceedings in Circuit Court or District Court. PART III The Lugano Convention 17. Interpretation of this Part. 18. Convention to have force of law. 19. Interpretation of Convention. 20. Application of certain provisions of Part II. PART IV Amendments and Repeals 21. “Act of 1994”. 22. Amendment of Act of 1994. 23. Repeals. FIRST SCHEDULE Text (in the English and Irish languages) of the 1968 Convention as amended by the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention. SECOND SCHEDULE Text (in the English and Irish languages) of the 1971 Protocol as amended by the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention. THIRD SCHEDULE Text (in the English language) of Titles V and VI of the 1978 Accession Convention as amended by the 1989 Accession Convention. FOURTH SCHEDULE Text (in the English language) of Titles V and VI of the 1982 Accession Convention. FIFTH SCHEDULE Text (in the English language) of Titles VI and VII of the 1989 Accession Convention. SIXTH SCHEDULE Text (in the English language) of Titles V and VI of the 1996 Accession Convention. SEVENTH SCHEDULE Text (in the English language) of the Lugano Convention. EIGHTH SCHEDULE Text (in the English language) of Protocol I. NINTH SCHEDULE Domicile Acts Referred to Building Societies Act, 1989 1989, No. 17 Central Bank Acts, 1942 to 1998 Courts (Supplemental Provisions) Acts, 1961 to 1998 Defence Act, 1954 1954, No. 18 European Communities Act, 1972 1972, No. 27 Enforcement of Court Orders Act, 1940 1940, No. 23 Family Law Act, 1995 1995, No. 26 Family Law (Divorce) Act, 1996 1996, No. 33 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 11 Jurisdiction of Courts and Enforcement of Judgments Act, 1993 1993, No. 9 Jurisdiction of Courts and Enforcement of Judgments Acts, 1988 and 1993 Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 1988, No. 3 Maintenance Act, 1994 1994, No. 28 Status of Children Act, 1987 1987, No. 26 Trustee Savings Banks Act, 1989 1989, No 21 Number 52 of 1998 JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1998 AN ACT TO CONSOLIDATE THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACTS, 1988 AND 1993, TO GIVE THE FORCE OF LAW TO THE CONVENTION SIGNED AT BRUSSELS ON THE 29TH DAY OF NOVEMBER, 1996 ON THE ACCESSION OF THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN TO THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS AND TO THE PROTOCOL ON ITS INTERPRETATION BY THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES WITH THE ADJUSTMENTS MADE TO THEM BY THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF DENMARK, OF IRELAND AND OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, BY THE CONVENTION ON THE ACCESSION OF THE HELLENIC REPUBLIC AND BY THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND TO PROVIDE FOR RELATED MATTERS. [23rd December, 1998] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title and commencement. 1.—(1) This Act may be cited as the Jurisdiction of Courts and Enforcement of Judgments Act, 1998. (2) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions. Interpretation. 2.—(1) In this Act, unless the context otherwise requires— “the Accession Conventions” means the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention; “the 1978 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of the State, Denmark and the United Kingdom, signed at Luxembourg on the 9th day of October, 1978; “the 1982 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol (as amended in each case by the 1978 Accession Convention) of the Hellenic Republic, signed at Luxembourg on the 25th day of October, 1982; “the 1989 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol (as amended in each case by the 1978 Accession Convention and the 1982 Accession Convention) of the Kingdom of Spain and the Portuguese Republic, signed at San Sebastian on the 26th day of May, 1989; “the 1996 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol (as amended in each case by the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention) of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, signed at Brussels on the 29th day of November, 1996; “the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the protocol annexed to that Convention), signed at Brussels on the 27th day of September, 1968; “court” includes a tribunal; “the European Communities” has the same meaning as in section 1 of the European Communities Act, 1972 ; “the European Court” means the Court of Justice of the European Communities; “the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Lugano on the 16th day of September, 1988, and includes Protocol 1; “the Minister” means the Minister for Justice, Equality and Law Reform; “the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on the 3rd day of June, 1971; “Protocol 1” means the protocol on certain questions of jurisdiction, procedure and enforcement, signed at Lugano on the 16th day of September, 1988. (2) In this Act, unless the context otherwise requires, a reference to, or to any provision of, the 1968 Convention or the 1971 Protocol is to the 1968 Convention, the 1971 Protocol or the provision, as amended by— (a) the 1978 Accession Convention, (b) the 1982 Accession Convention, (c) the 1989 Accession Convention, and (d) the 1996 Accession Convention in so far as it is in force between the State and a state respecting which it has entered into force in accordance with Article 16 of that Convention. (3) In this Act— (a) a reference to a section, a Part or a Schedule is to a section or a Part of, or a Schedule to, this Act unless it is indicated that a reference to some other enactment is intended, (b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended, and (c) a reference to an enactment is to that enactment as amended or modified by any other enactment including this Act. (4) The collective citation “the Courts (Supplemental Provisions) Acts, 1961 to 1998” shall include sections 7 to 10 , 13 , 14 and 16 of this Act, and those Acts and those sections shall be construed together as one Act. Texts of Conventions and Protocols. 3.—(1) For convenience of reference, the following texts are set out in the Schedules: (a) in the First Schedule , the 1968 Convention as amended by— (i) Titles II and III of the 1978 Accession Convention, (ii) Titles II and III of the 1982 Accession Convention, (iii) Titles II and III of, and Annex 1 to, the 1989 Accession Convention, and (iv) Titles II and III of the 1996 Accession Convention; (b) in the Second Schedule , the 1971 Protocol as amended by— (i) Title IV of the 1978 Accession Convention, (ii) Title IV of the 1982 Accession Convention, (iii) Title IV of the 1989 Accession Convention, and (iv) Title IV of the 1996 Accession Convention; (c) in the Third Schedule , Titles V and VI of the 1978 Accession Convention as amended by the 1989 Accession Convention; (d) in the Fourth Schedule , Titles V and VI of the 1982 Accession Convention; (e) in the Fifth Schedule , Titles VI and VII of the 1989 Accession Convention; (f) in the Sixth Schedule , Titles V and VI of the 1996 Accession Convention; (g) in the Seventh Schedule , the Lugano Convention; (h) in the Eighth Schedule , Protocol 1. (2) The texts set out in the Schedules are prepared from— (a) in the case of the First Schedule and the Second Schedule , the authentic texts, in the English and Irish languages, referred to in Articles 37 and 41 of the 1978 Accession Convention, Article 17 of the 1982 Accession Convention, Article 34 of the 1989 Accession Convention and Article 18 of the 1996 Accession Convention, and (b) in the case of the remaining Schedules, the authentic texts, in the English language, referred to in the Articles mentioned in paragraph (a) and in Article 68 of the Lugano Convention. PART II The 1968 Convention and the Accession Conventions Interpretation of this Part. 4.—(1) In this Part, unless the context otherwise requires— “Contracting State” means a state— (a) which is— (i) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands), or (ii) one of the parties acceding to the 1968 Convention under any of the Accession Conventions (the State, Denmark, the United Kingdom, the Hellenic Republic, the Kingdom of Spain, the Portuguese Republic, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden), and (b) respecting which— (i) the 1978 Accession Convention has entered into force in accordance with Article 39 of that Convention, (ii) the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, (iii) the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention, or (iv) the 1996 Accession Convention has entered into force in accordance with Article 16 of that Convention, as the case may be; “the Conventions” means the 1968 Convention, the 1971 Protocol and the Accession Conventions; “enforceable maintenance order” means— (a) a maintenance order respecting all of which an enforcement order has been made, or (b) if an enforcement order has been made respecting only part of a maintenance order, the maintenance order to the extent to which it is so ordered to be enforced; “enforcement order” means an order for the recognition or enforcement of all or part of a judgment where the order— (a) is made by the Master of the High Court under section 7 , or (b) is made or varied on appeal from a decision of the Master of the High Court under section 7 or from a decision of the High Court relating to the Master’s decision; “judgment” means a judgment or order (by whatever name called) that is a judgment for the purposes of the 1968 Convention, and, except in sections 10 , 12 and 14 , includes— (a) an instrument or settlement referred to in Title IV of the 1968 Convention, and (b) an arrangement relating to maintenance obligations concluded with or authenticated by an administrative authority, as referred to in Article 10 of the 1996 Accession Convention; “maintenance” means maintenance within the meaning of the Conventions; “maintenance creditor” means, in relation to a maintenance order, the person entitled to the payments for which the order provides; “maintenance debtor” means, in relation to a maintenance order, the person liable to make payments under the order; “maintenance order” means a judgment relating to maintenance. (2) The Minister for Foreign Affairs may, by order, declare— (a) that any state specified in the order is a Contracting State, or (b) that a declaration has been made pursuant to Article IV of the 1968 Convention, or a communication has been made pursuant to Article VI of that Convention, to the Secretary General of the Council of the European Communities. (3) The text of a declaration or communication referred to in subsection (2)(b) shall be set out in the order declaring that the declaration or communication has been made. (4) An order that is in force under subsection (2) is— (a) if made under subsection (2)(a), evidence that any state to which the declaration relates is a Contracting State, and (b) if made under subsection (2)(b), evidence that the declaration pursuant to Article IV or the communication pursuant to Article VI was made and evidence of its contents. (5) The Minister for Foreign Affairs may, by order, amend or revoke an order made under subsection (2) or this subsection. Conventions to have force of law. 5.—The Conventions shall have the force of law in the State and judicial notice shall be taken of them. Interpretation of Conventions. 6.—(1) Judicial notice shall be taken of— (a) a ruling or decision of, or expression of opinion by, the European Court on any question about the meaning or effect of a provision of the Conventions, and (b) the reports listed in subsection (2). (2) When interpreting a provision of the Conventions, a court may consider the following reports (which are reproduced in the Official Journal of the European Communities) and shall give them the weight that is appropriate in the circumstances: (a) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol1 ; (b) the report by Professor Peter Schlosser on the 1978 Accession Convention2 ; (c) the report by Professor Demetrios Evrigenis and Professor K. D. Kerameus on the accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol3 ; (d) the report by Mr. Almeida Cruz, Mr. Desantes Real and Mr. P. Jenard on the 1989 Accession Convention4 . Applications for recognition and enforcement of Community judgments. 7.—(1) An application under the Conventions for the recognition or enforcement in the State of a judgment shall— (a) be made to the Master of the High Court, and (b) be determined by the Master by order in accordance with the Conventions. (2) An order made by the Master of the High Court under subsection (1) may include an order for the recognition or enforcement of only part of a judgment. Enforcement of Community judgments by the High Court. 8.—(1) Subject to section 10 (4) and to the restrictions on enforcement contained in Article 39 of the 1968 Convention, if an enforcement order has been made respecting a judgment— (a) the judgment shall, to the extent to which its enforcement is authorised by the enforcement order, be of the same force and effect as a judgment of the High Court, and (b) the High Court has the same powers respecting enforcement of the judgment, and proceedings may be taken on the judgment, as if it were a judgment of that Court. (2) Subject to subsections (3) and (6), subsection (1) shall apply only to a judgment other than a maintenance order. (3) On application by the maintenance creditor under an enforceable maintenance order, the Master of the High Court may, by order, declare that the following shall be regarded as being payable under a judgment referred to in subsection (1): (a) sums which were payable under the maintenance order as periodic payments but were not paid before the relevant enforcement order was made; (b) a lump sum (not being a sum referred to in paragraph (a)) which is payable under the enforceable maintenance order. (4) A declaration shall not be made under subsection (3) unless the Master of the High Court considers that by doing so the enforceable maintenance order would be more effectively enforced respecting any sums or sum referred to in that subsection. (5) If a declaration is made under subsection (3), the sums or sum to which the declaration relates shall be deemed, for the purposes of this Part, to be payable under a judgment referred to in subsection (1) and not otherwise. (6) A maintenance order shall be regarded as a judgment referred to in subsection (1) if the District Court does not have jurisdiction to enforce the order under section 9 (7). Enforcement of Community maintenance orders by the District Court. 9.—(1) Subject to section 10 (4) and to the restrictions on enforcement contained in Article 39 of the 1968 Convention, the District Court shall have jurisdiction to enforce an enforceable maintenance order. (2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of— (a) subsection (1), (b) section 98 (1) of the Defence Act, 1954 , and (c) subject to the 1968 Convention, the variation or discharge of that order under section 6 of the Family Law (Maintenance of Spouses and Children) Act, 1976 , as amended by the Status of Children Act, 1987 , to be an order made by the District Court under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987 ) of the Family Law (Maintenance of Spouses and Children) Act, 1976 , as may be appropriate. (3) Subsections (1) and (2) shall apply even though an amount payable under the enforceable maintenance order exceeds the maximum amount the District Court has jurisdiction to award under the appropriate enactment mentioned in subsection (2). (4) Where an enforceable maintenance order is varied by a court in a Contracting State other than the State and an enforcement order has been made respecting all or part of the enforceable maintenance order as so varied, or respecting all or part of the order effecting the variation, the enforceable maintenance order shall, from the date on which the variation takes effect, be enforceable in the State only as so varied. (5) Where an enforceable maintenance order is revoked by a court in a Contracting State other than the State and an enforcement order has been made respecting the order effecting the revocation, the enforceable maintenance order shall, from the date on which the revocation takes effect, cease to be enforceable in the State except in relation to any sums under the order that were payable, but were not paid, on or before that date. (6) Subject to section 8 (3) to (5) of this Act, the following shall be regarded as being payable pursuant to an order made under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987 ) of the Family Law (Maintenance of Spouses and Children) Act, 1976 : (a) any sums that were payable under an enforceable maintenance order but were not paid before the date of the making of the relevant enforcement order; (b) any costs of or incidental to the application for the enforcement order that are payable under section 10 (2) of this Act. (7) The jurisdiction vested in the District Court by this section may be exercised by the judge of that Court for the time being assigned to— (a) if the maintenance debtor under an enforceable maintenance order resides in the State, the district court district in which the debtor resides or carries on any profession, business or occupation, or (b) if the maintenance debtor under an enforceable maintenance order does not reside in the State but is in the employment of an individual residing or having a place of business in the State or of a corporation or association having its seat in the State, the district court district in which that individual resides or that corporation or association has its seat. (8) Despite anything to the contrary in an enforceable maintenance order, the maintenance debtor shall pay any sum payable under that order to— (a) in the case referred to in subsection (7)(a), the district court clerk for the district court district in which the debtor for the time being resides, or (b) in a case referred to in subsection (7)(b), a district court clerk specified by the District Court, for transmission to the maintenance creditor under the order or, if a public authority has been authorised by the creditor to receive that sum, to that authority. (9) If a sum payable under an enforceable maintenance order is not duly paid and if the maintenance creditor under the order so requests in writing, the district court clerk concerned shall make an application respecting that sum under— (a) section 10 (which relates to the attachment of certain earnings) of the Family Law (Maintenance of Spouses and Children) Act, 1976 , or (b) section 8 (which relates to the enforcement of certain maintenance orders) of the Enforcement of Court Orders Act, 1940 . (10) For the purposes of subsection (9)(b), a reference in section 8 of the Enforcement of Court Orders Act, 1940 (other than in subsections (4) and (5) of that section) to an applicant shall be construed as a reference to the district court clerk. (11) Nothing in this section shall affect the right of a maintenance creditor under an enforceable maintenance order to institute proceedings for the recovery of a sum payable to a district court clerk under subsection (8). (12) Section 8 (7) of the Enforcement of Court Orders Act, 1940 , does not apply to proceedings for the enforcement of an enforceable maintenance order. (13) The maintenance debtor under an enforceable maintenance order shall give notice to the district court clerk for the district court area in which the debtor has been residing of any change of address. (14) A person who, without reasonable excuse, contravenes subsection (13) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000. (15) If there are two or more district court clerks for a district court area, a reference in this section to a district court clerk shall be construed as a reference to any of those clerks. (16) For the purposes of this section, the Dublin Metropolitan Area shall be deemed to be a district court area. Provisions in enforcement orders for payment of interest on judgments and payment of costs. 10.—(1) Where, on application for an enforcement order respecting a judgment, it is shown— (a) that the judgment provides for the payment of a sum of money, and (b) that, in accordance with the law of the Contracting State in which the judgment was given, interest on that sum is recoverable under the judgment at a particular rate or rates and from a particular date or time, the enforcement order, if made, shall provide that the person liable to pay that sum shall also be liable to pay that interest, apart from any interest on costs recoverable under subsection (2), in accordance with the particulars noted in the order, and the interest shall be recoverable by the applicant as though it were part of that sum. (2) An enforcement order may, at the discretion of the court concerned or the Master of the High Court, as may be appropriate, provide for the payment to the applicant by the respondent of the reasonable costs of or incidental to the application for the enforcement order. (3) A person required by an enforcement order to pay costs shall be liable to pay interest on the costs as if they were the subject of an order for the payment of costs made by the High Court on the date the enforcement order was made. (4) Interest shall be payable on a sum referred to in subsection (1) only as provided for in this section. Currency of payments under Community maintenance orders. 11.—(1) An amount payable in the State under a maintenance order by virtue of an enforcement order shall be paid in the currency of the State. (2) If the amount referred to in subsection (1) is stated in the maintenance order in a currency other than that of the State, the payment shall be made on the basis of the exchange rate prevailing, on the date the enforcement order is made, between the currency of the State and the other currency. (3) For the purposes of this section, a certificate purporting to be signed by an officer of an authorised institution and to state the exchange rate prevailing on a specified date between a specified currency and the currency of the State shall be admissible as evidence of the facts stated in the certificate. (4) In this section, “authorised institution” means any of the following: (a) a body licensed under the Central Bank Acts, 1942 to 1998, or authorised under regulations made under the European Communities Act, 1972 , to carry on banking business; (b) a building society incorporated or deemed to be incorporated under section 10 of the Building Societies Act, 1989 ; (c) a society licensed under section 10 of the Trustee Savings Banks Act, 1989 , to carry on the business of a trustee savings bank; (d) An Post; (e) ACC Bank public limited company; (f) ICC Bank public limited company. Proof and admissibility of certain judgments, documents and related translations. 12.—(1) For the purposes of the Conventions— (a) a document that is duly authenticated and purports to be a copy of a judgment given by a court of a Contracting State other than the State shall, without further proof, be deemed to be a true copy of the judgment, unless the contrary is shown, and (b) the original or any copy of a document mentioned in Article 46.2 or 47 of the 1968 Convention shall be admissible as evidence of any matter to which the document relates. (2) A document purporting to be a copy of a judgment given by a court of a Contracting State, shall, for the purposes of this Act, be regarded as being duly authenticated if it purports— (a) to bear the seal of that court, or (b) to be certified by a judge or officer of that court to be a true copy of a judgment given by that court. (3) A document shall be admissible as evidence of a translation if— (a) it purports to be the translation of— (i) a judgment given by a court of a Contracting State other than the State, (ii) a document mentioned in Article 46.2, 47 or 50 of the 1968 Convention, or (iii) a document containing a settlement referred to in Article 51 of the 1968 Convention or containing an arrangement referred to in Article 10 of the 1996 Accession Convention, and (b) it is certified as correct by a person competent to do so. Provisional, including protective, measures. 13.—(1) On application pursuant to Article 24 of the 1968 Convention, the High Court may grant any provisional, including protective, measures of any kind that the Court has power to grant in proceedings that, apart from this Act, are within its jurisdiction, if— (a) proceedings have been or are to be commenced in a Contracting State other than the State, and (b) the subject matter of the proceedings is within the scope of the 1968 Convention as determined by Article 1 (whether or not that Convention has effect in relation to the proceedings). (2) On an application under subsection (1), the High Court may refuse to grant the measures sought if, in its opinion, the fact that, apart from this section, that Court does not have jurisdiction in relation to the subject matter of the proceedings makes it inexpedient for it to grant those measures. (3) Subject to Article 39 of the 1968 Convention, an application to the Master of the High Court for an enforcement order respecting a judgment may include an application for any protective measures the High Court has power to grant in proceedings that, apart from this Act, are within its jurisdiction. (4) Where an enforcement order is made, the Master of the High Court shall grant any protective measures referred to in subsection (3) that are sought in the application for the enforcement order. Provision of certain documents by courts in the State to interested parties. 14.—If a judgment is given by a court in the State, the registrar or clerk of that court shall, at the request of an interested party and subject to any conditions that may be specified by rules of court, give to the interested party— (a) a duly authenticated copy of the judgment, (b) a certificate signed by the registrar or clerk of the court stating— (i) the nature of the proceedings, (ii) the grounds, pursuant to the 1968 Convention, on which the court assumed jurisdiction, (iii) the date on which the time for lodging an appeal against the judgment will expire or, if it has expired, the date on which it expired, (iv) whether notice of appeal against, or, if the judgment was given in default of appearance, notice to set aside, the judgment has been entered, (v) if the judgment is for the payment of a sum of money, the rate of interest, if any, payable on the sum and the date from which interest is payable, and (vi) any other particulars that may be specified by rules of court, and (c) if the judgment was given in default of appearance, the original or a copy, certified by the registrar or clerk of the court to be a true copy, of a document establishing that notice of the institution of proceedings was served on the person in default. Domicile for purposes of 1968 Convention and this Part. 15.—(1) In order to determine for the purposes of the 1968 Convention and this Part whether an individual is domiciled in the State, in a place in the State or in a state other than a Contracting State, the following provisions shall apply: (a) Part I of the Ninth Schedule , in relation to the text in the English language of the 1968 Convention; (b) Part II of the Ninth Schedule , in relation to the text in the Irish language of the 1968 Convention. (2) The seat of a corporation or association shall be treated as its domicile and in order to determine for the purposes of Article 53 of the 1968 Convention and this Part whether a corporation or association has its seat in the State, in a place in the State or in a state other than a Contracting State, the following provisions shall apply: (a) Part III of the Ninth Schedule , in relation to the text in the English language of the 1968 Convention; (b) Part IV of the Ninth Schedule , in relation to the text in the Irish language of the 1968 Convention. (3) In order to determine for the purposes of the 1968 Convention and this Part whether a trust is domiciled in the State the following provisions shall apply: (a) Part V of the Ninth Schedule , in relation to the text in the English language of the 1968 Convention; (b) Part VI of the Ninth Schedule , in relation to the text in the Irish language of the 1968 Convention. (4) In this section— “association” means an unincorporated body of persons; “corporation” means a body corporate. Venue for certain proceedings in Circuit Court or District Court. 16.—(1) Subject to Title II of the 1968 Convention, the jurisdiction of the Circuit Court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the judge of that Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation. (2) Subsection (1) shall apply where, apart from that subsection, the Circuit Court's jurisdiction would be determined by reference to the place where the defendant resides or carries on business. (3) The jurisdiction of the Circuit Court or District Court respecting proceedings that may be instituted in the State by virtue of Article 14 of the 1968 Convention by a plaintiff domiciled in the State may be exercised as follows: (a) in the case of the Circuit Court, by the judge of the Circuit Court for the time being assigned to the circuit where the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation; (b) in the case of the District Court, by the judge of the District Court for the time being assigned to the district court district in which the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation. PART III The Lugano Convention Interpretation of this Part. 17.—(1) For the purposes of this Part, unless the context otherwise requires— “Contracting State” means a state respecting which the Lugano Convention has entered into force in accordance with Article 61 or 62 of that Convention; “enforceable maintenance order” means— (a) a maintenance order respecting all of which an enforcement order has been made, or (b) if an enforcement order has been made respecting only part of a maintenance order, the maintenance order to the extent to which it is so ordered to be enforced; “enforcement order” means an order for the recognition or enforcement of all or part of a judgment where the order— (a) is made by the Master of the High Court under section 7 as applied by this section, or (b) is made or varied on appeal from a decision of the Master of the High Court under section 7 as applied by this Part or from a decision of the High Court relating to the Master’s decision; “judgment” means a judgment or order (by whatever name called) that is a judgment for the purposes of the Lugano Convention, and, except in sections 10 , 12 and 14 as applied by this Part, includes an instrument or settlement referred to in Title IV of that Convention; “maintenance” means maintenance within the meaning of the Lugano Convention; “maintenance creditor” means, in relation to a maintenance order, the person entitled to the payments for which the order provides; “maintenance debtor” means, in relation to a maintenance order, the person liable to make payments under the order; “maintenance order” means a judgment relating to maintenance. (2) The Minister for Foreign Affairs may, by order, declare— (a) that any state specified in the order is a Contracting State, or (b) that— (i) a denunciation has been made pursuant to Article 64 of the Lugano Convention, (ii) a declaration has been made pursuant to Article Ia, Ib, or IV of Protocol 1, or (iii) a communication has been made pursuant to Article 63 of the Lugano Convention or Article VI of Protocol 1. (3) The text of a denunciation, declaration or communication referred to in subsection (2)(b) shall be set out in the order declaring that the denunciation, declaration or communication has been made. (4) An order that is in force under subsection (2) shall be— (a) if made under subsection (2)(a), evidence that any state to which the declaration relates is a Contracting State, and (b) if made under subsection (2)(b), evidence that the denunciation, declaration or communication, the text of which is set out in the order, was made and evidence of its contents. (5) The Minister for Foreign Affairs may, by order, amend or revoke an order made under subsection (2) or this subsection. (6) The definition of “judgment” in subsection (1) shall not be construed to limit the effect of Article 54b of the Lugano Convention. Convention to have force of law. 18.—The Lugano Convention shall have the force of law in the State and judicial notice shall be taken of it. Interpretation of Convention. 19.—(1) Judicial notice shall be taken of relevant decisions delivered by courts of other Contracting States concerning the provisions of the Lugano Convention, and a court shall, when interpreting and applying those provisions, pay due account to the principles laid down in those decisions. (2) Judicial notice shall be taken of the report prepared by Mr. P. Jenard and Mr. G. Möller on the Lugano Convention1 , and, when interpreting any provision of that Convention, a court may consider that report and shall give it the weight that is appropriate in the circumstances. Application of certain provisions of Part II . 20.—(1) Sections 7 to 16 apply in relation to the application of the Lugano Convention in the State pursuant to section 18 as they apply in relation to the application, pursuant to section 5 , of the Conventions (as defined in section 4 ) with— (a) the modifications set out in subsection (2), and (b) any other necessary modifications. (2) For the purposes of subsection (1), (a) a reference in sections 7 to 16 to a numbered Article or Title of the 1968 Convention shall be construed as a reference to the corresponding Article or Title of the Lugano Convention, (b) a reference in sections 7 to 16 to an instrument or settlement shall be construed as a reference to an instrument or settlement referred to in Title IV of the Lugano Convention, and (c) a reference in sections 7 to 16 to a term defined in section 17 shall be construed in accordance with that section. PART IV Amendments and Repeals “Act of 1994”. 21.—In this Part, “the Act of 1994” means the Maintenance Act, 1994 . Amendment of Act of 1994. 22.—(1) Section 3 (1) of the Act of 1994 is hereby amended by the substitution of the following definition for the definitions of “the Act of 1988” and “the Act of 1993”: “‘the Act of 1998’ means the Jurisdiction of Courts and Enforcement of Judgments Act, 1998;”. (2) Section 4 (2) of the Act of 1994 (as amended by section 45 (b) of the Family Law Act, 1995 , and section 53 (b) of the Family Law (Divorce) Act, 1996 ) is hereby amended by the substitution of the following paragraph for paragraph (a): “(a) For the purposes of section 8 of the Enforcement of Court Orders Act, 1940 , the Act of 1976, the Act of 1995, the Act of 1996, the Act of 1998 and this Act, the Central Authority shall have authority to act on behalf of a maintenance creditor or of a claimant, as defined in section 13 (1), and references in those enactments to a maintenance creditor or to such a claimant shall be construed as including references to the Central Authority.”. (3) Section 5 of the Act of 1994 is hereby amended by the substitution of “Jurisdiction of Courts and Enforcement of Judgments Act, 1998” for “Jurisdiction of Courts and Enforcement of Judgments Acts, 1988 and 1993”. (4) Section 6 of the Act of 1994 is hereby amended— (a) in subsection (1) by the substitution of the following definitions for the definitions of “the Brussels Convention”, and “the Lugano Convention” respectively: “‘the Brussels Convention’ means— (a) the 1968 Convention, and (b) the Accession Conventions, as defined in the Act of 1998, and a reference to an Article of the Brussels Convention shall be construed as including a reference to the corresponding Article of the Lugano Convention;”, “‘the Lugano Convention’ has the meaning assigned to it by the Act of 1998;”, (b) in subsection (1) in the definition of “reciprocating jurisdiction”, by the substitution of “the Act of 1998” for “the Acts of 1988 and 1993”, and (c) in subsection (2)(a), by the substitution of “the Act of 1998” for “the Acts of 1988 and 1993”. (5) Section 7 (1) of the Act of 1994 is hereby amended by the substitution of “in accordance with section 7 of the Act of 1998” for “in accordance with section 5 of the Act of 1988”. (6) Section 14 of the Act of 1994 is hereby amended— (a) in subsection (1), by the substitution of the following for paragraph (a): “(a) if the request is accompanied by an order of a court in a Contracting State (as defined in the Act of 1998), transmit the request to the Master of the High Court for determination in accordance with section 7 of the Act of 1998 and Part II of this Act, and the other provisions of the Act of 1998 shall apply accordingly, with any necessary modifications,”, (b) in subsection (2), by the substitution of the following for paragraphs (a) and (b): “(a) the order of the District Court shall be deemed to be an enforceable maintenance order as defined in the Act of 1998, and (b) sections 8, 9 and 10 of that Act shall apply in relation to that order, with any necessary modifications.”, and (c) by the insertion of the following subsection after subsection (9): “(9A) In subsections (1) (a) and (9) a reference to an order of, or made by, a court shall be construed as including a reference to— (a) an instrument or settlement within the meaning of the Brussels Convention as defined in Part II, and (b) an arrangement relating to maintenance obligations concluded with or authenticated by an administrative authority, as referred to in Article 10 of the 1996 Accession Convention as defined in section 2 of the Act of 1998.”. (7) Section 20 (1) of the Act of 1994 is hereby amended by the substitution of “the Act of 1998” for “the Act of 1988”. Repeals. 23.—The following are hereby repealed: (a) the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ; (b) the Jurisdiction of Courts and Enforcement of Judgments Act, 1993 ; (c) sections 7 (7) and 9 to 12 of the Act of 1994. FIRST SCHEDULE Text of the 1968 Convention as amended by the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention1 CONVENTION on jurisdiction and the enforcement of judgments in civil and commercial matters PREAMBLE THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, DESIRING to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals; ANXIOUS to strengthen in the Community the legal protection of persons therein established; CONSIDERING that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements; HAVE DECIDED to conclude this Convention and to this end have designated as their Plenipotentiaries: [Plenipotentiaries designated by the Member States] WHO, meeting within the Council, having exchanged their full powers, found in good and due form, HAVE AGREED AS FOLLOWS: Title I SCOPE Article 1 This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters. The Convention shall not apply to: 1. the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession; 2. bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings; 3. social security; 4. arbitration. Title II JURISDICTION SECTION 1 General Provisions Article 2 Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State. Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State. Article 3 Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title. In particular the following provisions shall not be applicable as against them: —in Belgium: Article 15 of the civil code (Code civil — Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire — Gerechtelijk Wetboek), —in Denmark: Article 246 (2) and (3) of the law on civil procedure (Lov om rettens pleje), —in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozeβordnung), —in Greece: Article 40 of the code of civil procedure (Kώδικας Πoλιτικής Δικoνoμίας), —in France: Articles 14 and 15 of the civil code (Code civil), —in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland, —in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil procedure (Codice di procedura civile), —in Luxembourg: Articles 14 and 15 of the civil code (Code civil), —in Austria: Article 99 of the Law on Court Jurisdiction (Jurisdiktionsnorm), —in the Netherlands: Articles 126 (3) and 127 of the code of civil procedure (Wetbook van Burgerlijke Rechtsvordering), —in Portugal: Article 65 (1)(c), Article 65 (2) and Article 65A (c) of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho), —in Finland: the second, third and fourth sentences of the first paragraph of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken), —in Sweden: the first sentence of the first paragraph of Section 3 of Chapter 10 of the Code of Judicial Procedure (rättegångsbalken), — in the United Kingdom: the rules which enable jurisdiction to be founded on: (a) the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or (b) the presence within the United Kingdom of property belonging to the defendant; or (c) the seizure by the plaintiff of property situated in the United Kingdom. Article 4 If the defendant is not domiciled in a Contracting State, the jurisdiction of the courts of each Contracting State shall, subject to the provisions of Article 16, be determined by the law of that State. As against such a defendant, any person domiciled in a Contracting State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in the second paragraph of Article 3, in the same way as the nationals of that State. SECTION 2 Special Jurisdiction Article 5 A person domiciled in a Contracting State may, in another Contracting State, be sued: 1. in matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated; 2. in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties; 3. in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred; 4. as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings; 5. as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated; 6. as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Contracting State in which the trust is domiciled; 7. as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question: (a) has been arrested to secure such payment, or (b) could have been so arrested, but bail or other security has been given; provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage. Article 6 A person domiciled in a Contracting State may also be sued: 1. where he is one of a number of defendants, in the courts for the place where any one of them is domiciled; 2. as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case; 3. on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending; 4. in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Contracting State in which the property is situated. Article 6a Where by virtue of this Convention a court of a Contracting State has jurisdiction in actions relating to liability from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that State, shall also have jurisdiction over claims for limitation of such liability. SECTION 3 Jurisdiction in Matters Relating to Insurance Article 7 In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Article 4 and 5.5. Article 8 An insurer domiciled in a Contracting State may be sued: 1. in the courts of the State where he is domiciled, or 2. in another Contracting State, in the courts for the place where the policy-holder is domiciled, or 3. if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer. An insurer who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State. Article 9 In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency. Article 10 In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party had brought against the insured. The provisions of Articles 7, 8 and 9 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted. If the law governing such direct actions provides that the policy-holder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them. Article 11 Without prejudice to the provisions of the third paragraph of Article 10, an insurer may bring proceedings only in the courts of the Contracting State in which the defendant is domiciled, irrespective of whether he is the policy-holder, the insured or a beneficiary. The provisions of this Section shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending. Article 12 The provisions of this Section may be departed from only by an agreement on jurisdiction: 1. which is entered into after the dispute has arisen, or 2. which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section, or 3. which is concluded between a policy-holder and an insurer, both of whom are domiciled in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State, or 4. which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State, or 5. which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12a. Article 12a The following are the risks referred to in Article 12.5: 1. Any loss of or damage to: (a) sea-going ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes; (b) goods in transit other than passengers’ baggage where the transit consists of or includes carriage by such ships or aircraft; 2. Any liability, other than for bodily injury to passengers or loss of or damage to their baggage: (a) arising out of the use or operation of ships, installations or aircraft as referred to in 1. (a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks; (b) for loss or damage caused by goods in transit as described in 1.(b) above; 3. Any financial loss connected with the use or operation of ships, installations or aircraft as referred to in 1.(a) above, in particular loss of freight or charter-hire; 4. Any risk or interest connected with any of those referred to in 1. to 3. above. SECTION 4 Jurisdiction over Consumer Contracts Article 13 In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called ‘the consumer’, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5.5, if it is: 1. a contract for the sale of goods on instalment credit terms; or 2. a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or 3. any other contract for the supply of goods or a contract for the supply of services, and (a) in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising; and (b) the consumer took in that State the steps necessary for the conclusion of the contract. Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State. This Section shall not apply to contracts of transport. Article 14 A consumer may bring proceedings against the other party to a contract either in the courts of the Contracting State in which that party is domiciled or in the courts of the Contracting State in which he is himself domiciled. Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Contracting State in which the consumer is domiciled. These provisions shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending. Article 15 The provisions of this Section may be departed from only by an agreement: 1. which is entered into after the dispute has arisen; or 2. which allows the consumer to bring proceedings in courts other than those indicated in this Section; or 3. which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State. SECTION 5 Exclusive Jurisdiction Article 16 The following courts shall have exclusive jurisdiction, regardless of domicile: 1. (a) in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated; (b) however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in the same Contracting State; 2. in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat; 3. in proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept; 4. in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place; 5. in proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced. SECTION 6 Prorogation of Jurisdiction Article 17 If the parties, one or more of whom is domiciled in a Contracting State, have agreed that a court or the courts of a Contracting State are to have jurisdicti …