Textual Amendments
F1Pt. 68 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 6
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)
F3Words 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)
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
F4Word 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)
F5Rule 68.1(d) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(b)(ii)
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 [F8Practice Direction 68],] must be set out in a schedule to the order, and the court may give directions on the preparation of the schedule.
Textual Amendments
F6Words 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)
F7Words 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)
F8Words in rule 68.2(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 42
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
F9Rule 68.2A inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(e)
68.3—[F10(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, [F11a 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
F10Rule 68.3(1) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 14(f)(i)
F11Words 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)
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.]