The European Communities (Enforcement of Community Judgments) (Amendment) Order 1998

Statutory Instruments

1998 No. 1259

EUROPEAN COMMUNITIES

The European Communities (Enforcement of Community Judgments) (Amendment) Order 1998

Made

19th May 1998

Laid before Parliament

1st June 1998

Coming into force

22nd June 1998

At the Court at Buckingham Palace, the 19th day of May 1998

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 2(2) of the European Communities Act 1972(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and Commencement

1.  This Order may be cited as the European Communities (Enforcement of Community Judgments) (Amendment) Order 1998 and shall come into force on 22nd June 1998.

2.  The European Communities (Enforcement of Community Judgments) Order 1972(2) is amended by inserting in paragraph (1) of article 2 in the definition of “Community judgment”after the words “E.C.S.C. Treaty” the words “or Article 82 of Regulation 40/94 of 20 December 1993 on the community trade mark”(3).

N. H. Nicholls

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

The European Communities (Enforcement of Community Judgments) Order (S.I. 1972/1590) (“the Community Judgments Order”), made under section 2(2) of the European Communities Act 1972, provides for the registration and enforcement in the United Kingdom of certain decisions, judgments and orders of Community institutions which Member States are required to make enforceable in accordance with national law.

This Order amends the Community Judgments Order to provide for the registration and enforcement as Community judgments of awards of costs made by the Office of Harmonisation in the Internal Market (“OHIM”). OHIM is an institution of the Community established to administer the Community trade mark pursuant to Council Regulation (EC) No. 40/94 of 20 December 1993 on the Community trade mark (OJ L11, 14.1.94, p.1). Under Article 82 of that Regulation, a decision of OHIM fixing an award of costs is enforceable and enforcement is governed by the rules of civil procedure in the Member State where it is to be carried out.

(1)

1972 c. 68.

(2)

S.I. 1972/1590.

(3)

OJ No. L11, 14.1.1994, page 1.