The Civil Procedure (Amendment) Rules 2009

Amendments to the Civil Procedure Rules 1998

14.  In Part 68—

(a) in the table of contents—

(i) for “Making of order of reference” substitute “Making of order”; and

(ii) after the entry “Making of order” so inserted, insert the entry—

“Request to apply the urgent preliminary ruling procedure    Rule 68.2A”;

(b) in rule 68.1—

(i) in sub-paragraph (c)(v), after “Contractual Obligations”, for “.” substitute “; and”; and

(ii) after sub-paragraph (c) insert—

“(d) “reference” means a request to the European Court for a preliminary ruling”;

(c) in the heading to rule 68.2 omit “of reference”;

(d) in rule 68.2(3), for “The request to the European Court for a preliminary ruling” substitute “The reference, which must contain the information required by the practice direction supplementing this Part,”;

(e) after rule 68.2 insert—

“Request to apply the urgent preliminary ruling procedure

68.2A.   Any request by the court to the European Court that the preliminary ruling be dealt with under its urgent preliminary ruling procedure must be made in a document separate from the order or in a covering letter.”; and

(f) in rule 68.3—

(i) for paragraph (1) substitute—

“(1) The Senior Master will send a copy of—

(a) the order; and

(b) where relevant, any request to apply the urgent preliminary ruling procedure

to the Registrar of the European Court.”; and

(ii) in paragraph (2), for “the proper officer” substitute “a court officer”.