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[F1PART 74E+WENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS]

Textual Amendments

Modifications etc. (not altering text)

[F2V EUROPEAN ENFORCEMENT ORDERSE+W

Textual Amendments

InterpretationE+W

74.27  In this Section—

(a)“European Enforcement Order” has the meaning given in the EEO Regulation;

(b)“EEO” means European Enforcement Order;

(c)“judgment”, “authentic instrument”, “member state of origin”, “member state of enforcement”, and “court of origin” have the meanings given by Article 4 of the EEO Regulation; and

(d)“Regulation State” has the same meaning as “Member State” in the EEO Regulation, that is all Member States except Denmark.

Certification of Judgments of the Courts of England and WalesE+W

74.28  An application for an EEO certificate must be made by filing the relevant practice form in accordance with Article 6 of the EEO Regulation.

Applications for a certificate of lack or limitation of enforceabilityE+W

74.29  An application under Article 6(2) of the EEO Regulation for a certificate indicating the lack or limitation of enforceability of an EEO certificate must be made to the court of origin by application in accordance with Part 23.

Applications for rectification or withdrawalE+W

74.30  An application under Article 10 of the EEO Regulation for rectification or withdrawal of an EEO certificate must be made to the court of origin and may be made by application in accordance with Part 23.

Enforcement of European Enforcement Orders in England and WalesE+W

74.31—(1) A person seeking to enforce an EEO in England and Wales must lodge at the court in which enforcement proceedings are to be brought the documents required by Article 20 of the EEO Regulation.

[F3(2) Where a person applies to enforce an EEO expressed in a foreign currency, the application must contain a certificate of the sterling equivalent of the judgment sum at the close of business on the date nearest preceding the date of the application

(Part 70 contains further rules about enforcement.)]

Textual Amendments

Refusal of EnforcementE+W

74.32—(1) An application under Article 21 of the EEO Regulation that the court should refuse to enforce an EEO must be made by application in accordance with Part 23 to the court in which the EEO is being enforced.

(2) The judgment debtor must, as soon as practicable, serve copies of any order made under Article 21(1) on—

(a)all other parties to the proceedings and any other person affected by the order [F4(“the affected persons”)]; and

(b)any court in which enforcement proceedings are pending in England and Wales [F5(“the relevant courts”)].

[F6(3) Upon service of the order on the affected persons, all enforcement proceedings under the EEO in the relevant courts will cease.]

Textual Amendments

[F7Stay of or limitation on enforcement]E+W

74.33—(1) Where an EEO certificate has been lodged and the judgment debtor applies to stay or limit the enforcement proceedings under Article 23 of the EEO Regulation, such application must be made F8... in accordance with Part 23 to the court in which the EEO is being enforced.

(2) The judgment debtor shall, as soon as practicable, serve a copy of any order made under the Article on—

(a)all other parties to the proceedings and any other person affected by the order; and

(b)any court in which enforcement proceedings are pending in England and Wales;

and the order will not have effect on any person until it has been served in accordance with this rule and they have received it.]

Textual Amendments