EUROPEAN COMMUNITIES (ENFORCEMENT OF COMMUNITY JUDGMENTS) [ S.L.460.19 SUBSIDIARY LEGISLATION 460.19 EUROPEAN COMMUNITIES (ENFORCEMENT OF COMMUNITY JUDGMENTS) ORDER 23rd November, 2007 LEGAL NOTICE 389 of
- The title of this Order is the European Communities (Enforcement of Community Judgments) Order.
- In this Order, unless the context otherwise requires: Citation. Definitions. "Attorney General" includes any other person having an express or implied authority to act for the Attorney General; "the Code" means the Code of Organization and Civil Procedure; Cap.
- "Community judgment" means any decision, judgment or order which is enforceable under or in accordance with - Article 244 or 256 of the EC Treaty; - Article 18, 159 or 164 of the Euratom Treaty; - Article 82 of the Regulation (EC) No.40/94 of December 20, 1993 on the Community trade mark; or - Article 71 of Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs; "E C Tr e a t y " m ea n s t h e t r e at y e st ab l i sh i n g t h e E u r o p e an Economic Community done at Rome on the 25th day of March, 1957, and as subsequently amended; "enforcement order" means an order made by the Attorney General under article 3
(2); "E u r a t om i n sp e ct i o n o r d er " m ea n s an o r d er m ad e by t h e President of the European Court, or a decision of the Commission of the European Communities, under Article 81 of the Euratom Treaty; "Euratom Treaty" means the treaty establishing the European Atomic Energy Community done at Rome on the 25th day of March, 1957, and as subsequently amended; "European Court" means the Court of Justice of the European Communities; "money judgment" means a judgment which imposes a pecuniary obligation. 3.
(1)The Attorney General shall be the competent authority responsible for the verification of the authenticity of a Community judgment and for the issue of the order for its enforcement.
(2)The Attorney General shall verify the authenticity of a Community judgment and upon such verification shall make an order for its enforcement and shall append the order to the Competent authority. 1 2 [ S.L.460.19 EUROPEAN COMMUNITIES (ENFORCEMENT OF COMMUNITY JUDGMENTS) Community judgment. Applications for registration of Community judgments. 4.
(1)Any person entitled to enforce a Community judgment may by application request the Court of Appeal to authorise the registration of the Community judgment.
(2)The application shall be filed in the registry of the Court of Appeal and shall be accompanied by the Community judgment with the enforcement order appended to it or with copies thereof.
(3)Where the application is for the registration of a money judgment the application shall be accompanied by a declaration confirmed on oath made by the applicant stating; (
- a)the name of the creditor according to the judgment and his address or place of business for service in Malta; (
- b)the name of the debtor according to the judgment and his address or place of business for service in Malta; (
- c)the extent to which the pecuniary obligation is still unsatisfied; and (
- d)that the European Court has not stayed the execution of the judgment.
(4)The application shall be served on the person against whom the Community judgment to be registered has been delivered.
(5)The person served with the application as aforesaid may file a reply within twelve working days from date of service giving reasons why the Court should not allow the application or should allow the application only in part. Court decision on demand for registration. 5.
(1)In the case of a Community judgment, other than a money judgment, the Court shall not allow the demand for the registration of the judgment where the respondent proves to the satisfaction of the Court that: (
- a)there is an irremediable lack of observance of the formalities or procedural requirements prescribed by article 4; or (
- b)the respondent proves to the satisfaction of the Court that the European Court has stayed the execution of the Community judgment.
(2)In the case of a money judgment the Court shall not allow the demand for the registration of the judgment: (a) in the same circumstances provided in sub-article
(1)(
- a)and (b); and (
- b)where the respondent proves that the pecuniary obligation has been satisfied: Provided that where the respondent proves that the pecuniary obligation has only been satisfied in part the Court shall allow the demand with respect to that part of the obligation which remains unsatisfied.
(3)In proceedings under this article the Court shall not enter into the merits of the Community judgment the registration of EUROPEAN COMMUNITIES (ENFORCEMENT OF COMMUNITY JUDGMENTS) [ S.L.460.19 3 which is demanded.
(4)The Court of Appeal shall give its decision on the application in camera unless the court deems fit that a hearing should take place. 6.
(1)Following a decision of the Court under article 5 allowing the registration of a Community judgment as provided in that article the Community judgment to which the decision refers may be registered according to the provisions of this article and thereupon the said Community judgment shall constitute an executive title to the extent laid down in the Court’s decision. Registration of Community judgment.
(2)The applicant for the registration of a Community judgment which qualifies to be registered as an executive title shall present to the Registrar of the Court a legal copy of the Court’s decision under article 5 accompanied by a legal copy of the Community judgment and enforcement order to which the said decision refers.
(3)Upon receipt of the documents described in sub-article
(2)the Registrar shall proceed to register the documents presented in a register to be known as the Register of Community Judgments which shall be maintained by the Registrar for the purposes of article 5.
(4)Upon registration as aforesaid a Community judgment shall be enforceable by the First Hall Civil Court in accordance with the provisions of this Order as if it were a judgment delivered by the same court which has become res judicata: Provided that, for the avoidance of any doubt, it is hereby declared that the provisions of article 812 of the Code shall not apply to a Community judgment. 7.
(1)Subject to the following provisions of this article, a Community judgement registered as provided in article 6 shall constitute an executive title for the purposes of Book Second, Part I, Title VII of the Code and the provisions of that title shall apply mutatis mutandis. Registration of Community judgement.
(2)The Community judgment constituting an executive title as aforesaid may be enforced after two days from the day of its registration as provided in sub-article
(1).
(3)For the purpose of article 283A of the Code the court issuing the executive act shall be deemed to be the Court of Appeal and the provisions of sub-articles
(5)and
(6)of the same article shall not apply to proceedings under the same article regarding an executive act issued for the enforcement of a Community judgment. 8.
(1)Any person entitled to enforce a Euratom inspection order may by application request the Court of Appeal to authorise the registration of the Euratom inspection order.
(2)The application shall be filed in the registry of the Court of Appeal stating the applicant’s address or place of business for service in Malta as well as the name and address or place of business for service in Malta of the person against whom the order Enforcement of a Euratom inspection order. 4 [ S.L.460.19 EUROPEAN COMMUNITIES (ENFORCEMENT OF COMMUNITY JUDGMENTS) was made and shall be accompanied by the Euratom inspection order or a copy thereof.
(3)The provisions of articles 4
(4)and
(5), 5
(1),
(3)and
(4), and 6 shall apply to a Euratom inspection order and references therein to a Community judgment shall be construed as references to a Euratom inspection order.
(4)In its decision allowing the registration of a Euratom inspection order or at any time thereafter the Court of Appeal may make any order as it thinks fit against any person for the purpose of ensuring that effect is given to the Euratom inspection order.