The Civil Procedure Rules 1998

[F1PART 68E+WREFERENCES TO THE EUROPEAN COURT

Textual Amendments

Contents of this Part

InterpretationRule 68.1
[F2Making of order]Rule 68.2
[F3Request to apply the urgent preliminary ruling procedure Rule 68.2A]
Transmission to the European CourtRule 68.3
Stay of proceedingsRule 68.4

Textual Amendments

F2Words 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)

InterpretationE+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

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) [F7The 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

[F8Request to apply the urgent preliminary ruling procedureE+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

Transmission to the European CourtE+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, [F10a 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

Stay of proceedingsE+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.]