Act of Sederunt (Rules of the Court of Session 1994) 1994

PART IV S EUROPEAN COMMUNITY JUDGMENTS

Interpretation of this Part S

62.18.—(1) In this Part–

• “Community judgment” means any decision, judgment or order which is enforceable under or in accordance with–

  (a)

  Article [F1 244 or 256] of the E.E.C. Treaty,

  (b)

  Article 18, 159 or 164 of the Euratom Treaty, F2 ...

  (c)

  Article 44 or 92 of the E.C.S.C. Treaty; [F3 or

  (d)

  Article 82 of Regulation 40/94 of December 20, 1993 regulation of the Council of the European Union: on the Community trade mark)]

• “Euratom inspection order” means an order made by or in the exercise of the functions of the President of the European Court or by the Commission of the European Communities under Article 81 of the Eurotom Treaty;

• “European Court” means the Court of Justice of the European Communities;

• “order for enforcement” means an order by or 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.

(2) In paragraph (1), the expressions “E.E.C. Treaty”, “Euratom Treaty” and “E.C.S.C. Treaty” have the meanings assigned respectively in Schedule 1 to the European Communities Act 1972(1).

Textual Amendments

F1 Words in Sch. 2 rule 62.18(1) substituted (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (References to the Court of Justice of the European Communities) 1999 (S.I. 1999/1281), paras. 1(1), 2(2) (with para. 3)

F2 Word in Sch. 2 rule 62.18(1) omitted (1.12.1998) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 1998 (S.I. 1998/2637), paras. 1(1), 2(5)(a)

F3 Sch. 2 rule 62.18(1)(d) and word added (1.12.1998) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 1998 (S.I. 1998/2637), paras. 1(1), 2(5)(b)

Commencement Information

I1 Sch. 2 rule 62.18 in force at 5.9.1994, see para. 1(1)

Register of European Community judgments S

62.19.  A register shall be kept by the Deputy Principal Clerk for the purpose of registering–

(a) any Community judgment to which the Secretary of State has attached an order for enforcement

(b) any Euratom inspection order; or

(c) any order of the European Court that enforcement of a registered Community judgment shall be suspended.

Commencement Information

I2 Sch. 2 rule 62.19 in force at 5.9.1994, see para. 1(1)

Applications for registration of European Community judgments S

62.20.—(1) An application for registration of a Community judgment or Euratom inspection order shall be made by petition.

(2) Where the application is for registration of a Community judgment under which a sum of money is payable, the petition shall set out–

(a) the name, trade or business and the usual or last known place of residence or business of the judgment debtor, so far as known to the petitioner; and

(b) the amount of the judgment which remains unsatisfied.

(3) There shall be produced with a petition referred to in paragraph (1) the Community judgment and the order for its enforcement or the Euratom inspection order, as the case may be, or a copy of it.

Commencement Information

I3 Sch. 2 rule 62.20 in force at 5.9.1994, see para. 1(1)

Warrant for registration of European Community judgments S

62.21.—(1) On an application being made under rule 62.20, the court shall direct that any Euratom inspection order or any Community judgment which has appended to it an order for enforcement shall be entered in the register kept under rule 62.19 and–

(a) in respect of a Community judgment, subject to paragraph (2), pronounce an interlocutor granting warrant for registration of the judgment in the Books of Council and Session; or

(b) in respect of a Euratom inspection order, pronounce such interlocutor as is necessary for the purpose of ensuring that effect is given to that order.

(2) Where it appears that a Community judgment under which a sum of money is payable has been partly satisfied at the date of the application under rule 62.20, warrant for registration in the Books of Council and Session shall be granted only in respect of the balance remaining payable at that date.

Commencement Information

I4 Sch. 2 rule 62.21 in force at 5.9.1994, see para. 1(1)

Registration of European Community judgments S

62.22.—(1) On presentation by the petitioner to the Keeper of the Registers of–

(a) a certified copy of an interlocutor pronounced under rule 62.21(1)(a),

(b) the Community judgment or a certified copy of it and any translation of it, and

(c) any certificate of currency conversion under [F4 rule 62.2(1)(b)],

they shall immediately be registered in the register of judgments of the Books of Council and Session.

(2) On registration under paragraph (1), the Keeper of the Registers shall issue an extract of the registered Community judgment with a warrant for execution.

Textual Amendments

F4 Words in Sch. 2 rule 62.22(1)(c) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(13)

Commencement Information

I5 Sch. 2 rule 62.22 in force at 5.9.1994, see para. 1(1)

Service on judgment debtor of European Community judgment S

62.23.  On an interlocutor being pronounced under rule 62.21(1)(a), the petitioner shall forthwith serve a copy of it on the person against whom the Community judgment was given or the Euratom inspection order was made, as the case may be.

Commencement Information

I6 Sch. 2 rule 62.23 in force at 5.9.1994, see para. 1(1)

Variation or cancellation of registration S

62.24.—(1) An application for the variation or cancellation of any registration shall be made by note in the process of the petition under rule 62.20(1).

(2) Where the court grants an application under paragraph (1), it may direct that the entry in the register kept under rule 62.19, and, in the case of variation of a Community judgment, the entry in the Books of Council and Session, shall be varied as sought by the noter.

Commencement Information

I7 Sch. 2 rule 62.24 in force at 5.9.1994, see para. 1(1)

Suspension of enforcement of Community judgments S

62.25.—(1) An order of the European Court that enforcement of a registered Community judgment be suspended–

(a) shall–

(i) on production of the order to the Court of Session, and

(ii) on application made by note,

be registered forthwith, and

(b) shall be of the same effect as if the order had been an order made by the Court of Session on the date of its registration suspending the execution of the judgment for the same period and on the same conditions as are stated in the order of the European Court.

(2) No steps to enforce the judgment mentioned in paragraph (1) shall be taken while such an order of the European Court remains in force.

Commencement Information

I8 Sch. 2 rule 62.25 in force at 5.9.1994, see para. 1(1)

(1)

1972 c. 68.