xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Textual Amendments
F1Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8
Modifications etc. (not altering text)
C1Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
Textual Amendments
F2Pt. 74 Section 5 inserted (21.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rule 1(b), Sch. 3
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.
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.
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.
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.
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
F3Rule 74.31(2) and words substituted (12.12.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(4), 37(b)
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
F4Words in rule 74.32(2)(a) inserted (12.12.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(4), 37(c)(i)
F5Words in rule 74.32(2)(b) inserted (12.12.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(4), 37(c)(ii)
F6Rule 74.32(3) substituted (12.12.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(4), 37(c)(iii)
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
F7Rule 74.33 heading substituted (12.12.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(4), 37(d)(i)
F8Words in rule 74.33(1) omitted (12.12.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(4), 37(d)(ii)