The Civil Procedure Rules 1998

[F1 PART 68 E+W REFERENCES TO THE EUROPEAN COURT

Textual Amendments

F1 Pt. 68 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 6

Contents of this Part

Interpretation	Rule 68.1
[F2 Making of order]	Rule 68.2
[F3 Request to apply the urgent preliminary ruling procedure	Rule 68.2A]
Transmission to the European Court	Rule 68.3
Stay of proceedings	Rule 68.4

Textual Amendments

F2 Words in Pt. 68 Table of Contents substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(a)(i)

F3 Words in Pt. 68 Table of Contents inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(a)(ii)

Interpretation E+W

68.1   In this Part—

(a) “the court” means the court making the order;

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

(c) “order” means an order referring a question to the European Court for a preliminary ruling under—

(i) article 234 of the Treaty establishing the European Community;

(ii) article 150 of the Euratom Treaty;

(iii) article 41 of the ECSC Treaty;

(iv) the Protocol of 3 June 1971 on the interpretation by the European Court of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters(1); or

(v) the Protocol of 19 December 1988 on the interpretation by the European Court of the Convention of 19 June 1980 on the Law applicable to Contractual Obligations(2) [F4 ; and]

[F5 (d) “reference” means a request to the European Court for a preliminary ruling]

Textual Amendments

F4 Word in rule 68.1(c)(v) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(b)(i)

F5 Rule 68.1(d) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(b)(ii)

Making of order F6 ... E+W

68.2— (1) An order may be made at any stage of the proceedings—

(a) by the court of its own initiative; or

(b) on an application by a party in accordance with Part 23.

(2) An order may not be made—

(a) in the High Court, by a Master or district judge;

(b) in a county court, by a district judge.

(3) [F7 The reference, which must contain the information required by the practice direction supplementing this Part,] must be set out in a schedule to the order, and the court may give directions on the preparation of the schedule.

Textual Amendments

F6 Words in rule 68.2 heading omitted (1.10.2009) by virtue of The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(c)

F7 Words in rule 68.2(3) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(d)

[F8 Request to apply the urgent preliminary ruling procedure E+W

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.]

Textual Amendments

F8 Rule 68.2A inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(e)

Transmission to the European Court E+W

68.3— [F9 (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.]

(2) Where an order is made by a county court, [F10 a court officer] will send a copy of it to the Senior Master for onward transmission to the European Court.

(3) Unless the court orders otherwise, the Senior Master will not send a copy of the order to the European Court until—

(a) the time for appealing against the order has expired; or

(b) any application for permission to appeal has been refused, or any appeal has been determined.

Textual Amendments

F9 Rule 68.3(1) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(f)(i)

F10 Words in rule 68.3(2) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(f)(ii)

Stay of proceedings E+W

68.4   Where an order is made, unless the court orders otherwise the proceedings will be stayed until the European Court has given a preliminary ruling on the question referred to it.]

(1)

1964 c. 81.

(2)

1968 c. 48; 1981 c. 9.