The Civil Procedure (Amendment) Rules 2002

IV ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTS

Interpretation

74.19  In this Section—

(a) “Community judgment” means any judgment, decision or order which is enforceable under—

(i) article 244 or 256 of the Treaty establishing the European Community;

(ii) article 18, 159 or 164 of the Euratom Treaty;

(iii) article 44 or 92 of the ECSC Treaty; or

(iv) article 82 of Council Regulation (EC) 40/94 of 20 December 1993 on the Community trade mark;

(b) “Euratom inspection order” means an order made by the President of the European Court, or a decision of the Commission of the European Communities, under article 81 of the Euratom Treaty;

(c) “European Court” means the Court of Justice of the European Communities;

(d) “order for enforcement” means an order under the authority of the Secretary of State that the Community judgment to which it is appended is to be registered for enforcement in the United Kingdom.

Application for registration of a Community judgment

74.20  An application to the High Court for the registration of a Community judgment may be made without notice.

Evidence in support

74.21—(1) An application for registration must be supported by written evidence exhibiting—

(a) the Community judgment and the order for its enforcement, or an authenticated copy; and

(b) where the judgment is not in English, a translation of it into English—

(i) certified by a notary public or other qualified person; or

(ii) accompanied by written evidence confirming that the translation is accurate.

(2) Where the application is for registration of a Community judgment which is a money judgment, the evidence must state—

(a) the name of the judgment creditor and his address for service within the jurisdiction;

(b) the name of the judgment debtor and his address or place of business, if known;

(c) the amount in respect of which the judgment is unsatisfied; and

(d) that the European Court has not suspended enforcement of the judgment.

Registration orders

74.22—(1) A copy of the order granting permission to register a Community judgment (“the registration order”) must be served on every person against whom the judgment was given.

(2) The registration order must state the name and address for service of the person who applied for registration, and must exhibit—

(a) a copy of the registered Community judgment; and

(b) a copy of the order for its enforcement.

(3) In the case of a Community judgment which is a money judgment, the registration order must also state the right of the judgment debtor to apply within 28 days for the variation or cancellation of the registration under rule 74.23.

Application to vary or cancel registration

74.23—(1) An application to vary or cancel the registration of a Community judgment which is a money judgment on the ground that at the date of registration the judgment had been partly or wholly satisfied must be made within 28 days of the date on which the registration order was served on the judgment debtor.

(2) The application must be supported by written evidence.

Enforcement

74.24  No steps may be taken to enforce a Community judgment which is a money judgment—

(a) before the end of the period specified in accordance with rule 74.23(1); or

(b) where an application is made under that rule, until it has been determined.

Application for registration of suspension order

74.25—(1) Where the European Court has made an order that the enforcement of a registered Community judgment should be suspended, an application for the registration of that order in the High Court is made by filing a copy of the order in the Central Office of the Supreme Court.

(2) The application may be made without notice.

Registration and enforcement of a Euratom inspection order

74.26—(1) Rules 74.20, 74.21(1), and 74.22(1) and (2), which apply to the registration of a Community judgment, also apply to the registration of a Euratom inspection order but with the necessary modifications.

(2) An application under article 6 of the European Communities (Enforcement of Community Judgments) Order 1972(1) to give effect to a Euratom inspection order may be made on written evidence, and—

(a) where the matter is urgent, without notice;

(b) otherwise, by claim form.

(1)

S.I. 1972/1590.