The Civil Procedure Rules 1998

[F1 IV: ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTS E+W

Textual Amendments

F1 Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8

Interpretation E+W

74.19   In this Section—

(a) “Community judgment” means any judgment, decision or order which is enforceable under—

(i) [F2 article 280 or 299 of the Treaty on the Functioning of the European Union];

(ii) article 18 F3 ... or 164 of the Euratom Treaty;

F4 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) article [F5 86 of Council Regulation (EC) 207/2009 of 26 February 2009] on the Community trade mark; F6 [F7 ...

[F8 (v) article 71 of Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs;

(vi) article 36a or 36b of Regulation (EC) 1060/2009 on credit rating agencies; or

(vii) article 65 or 66 of Regulation (EU) 648/2012 on OTC derivatives, central counterparties and trade repositories;]

(v) article 71 of Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs;]

(b) “Euratom inspection order” means an order made by the President of the European Court, or a decision of the Commission of the European [F9 Union], under article 81 of the Euratom Treaty;

(c) “European Court” means the Court of Justice of the European [F10 Union];

(d) “order for enforcement” means an order under the authority of the Secretary of State that the Community judgment to which it is appended is to be registered for enforcement in the United Kingdom.

Textual Amendments

F2 Words in rule 74.19 substituted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(17)(a)(i) (with rule 6)

F3 Word in rule 74.19 omitted (10.1.2015) by virtue of The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(17)(a)(ii) (with rule 6)

F4 Words in rule 74.19 omitted (10.1.2015) by virtue of The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(17)(a)(iii) (with rule 6)

F5 Words in rule 74.19 substituted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(17)(a)(iv) (with rule 6)

F6 Word in rule 74.19 omitted (10.1.2015) by virtue of The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(17)(a)(v) (with rule 6)

F7 Rule 74.19(a)(v) and word inserted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 18(b)

F8 Words in rule 74.19 inserted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(17)(a)(vi) (with rule 6)

F9 Word in rule 74.19 substituted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(17)(b) (with rule 6)

F10 Word in rule 74.19 substituted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(17)(c) (with rule 6)

Application for registration of a Community judgment E+W

74.20   An application to the High Court for the registration of a Community judgment may be made without notice.

Evidence in support E+W

74.21— (1) An application for registration must be supported by written evidence exhibiting—

(a) the Community judgment and the order for its enforcement, or an authenticated copy; and

(b) where the judgment is not in English, a translation of it into English—

(i) certified by a notary public or other qualified person; or

(ii) accompanied by written evidence confirming that the translation is accurate.

(2) Where the application is for registration of a Community judgment which is a money judgment, the evidence must state—

(a) the name of the judgment creditor and his address for service within the jurisdiction;

(b) the name of the judgment debtor and his address or place of business, if known;

(c) the amount in respect of which the judgment is unsatisfied; and

(d) that the European Court has not suspended enforcement of the judgment.

Registration orders E+W

74.22— (1) A copy of the order granting permission to register a Community judgment (“the registration order”) must be served on every person against whom the judgment was given.

(2) The registration order must state the name and address for service of the person who applied for registration, and must exhibit—

(a) a copy of the registered Community judgment; and

(b) a copy of the order for its enforcement.

(3) In the case of a Community judgment which is a money judgment, the registration order must also state the right of the judgment debtor to apply within 28 days for the variation or cancellation of the registration under rule 74.23.

Application to vary or cancel registration E+W

74.23— (1) An application to vary or cancel the registration of a Community judgment which is a money judgment on the ground that at the date of registration the judgment had been partly or wholly satisfied must be made within 28 days of the date on which the registration order was served on the judgment debtor.

(2) The application must be supported by written evidence.

Enforcement E+W

74.24   No steps may be taken to enforce a Community judgment which is a money judgment—

(a) before the end of the period specified in accordance with rule 74.23(1); or

(b) where an application is made under that rule, until it has been determined.

Application for registration of suspension order E+W

74.25— (1) Where the European Court has made an order that the enforcement of a registered Community judgment should be suspended, an application for the registration of that order in the High Court is made by filing a copy of the order in the Central Office of the [F11 Senior Courts].

(2) The application may be made without notice.

Textual Amendments

F11 Words in rule 74.25(1) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 15(c)

Registration and enforcement of a Euratom inspection order E+W

74.26— (1) Rules 74.20, 74.21(1), and 74.22(1) and (2), which apply to the registration of a Community judgment, also apply to the registration of a Euratom inspection order but with the necessary modifications.

(2) An application under article 6 of the European Communities (Enforcement of Community Judgments) Order 1972(1) to give effect to a Euratom inspection order may be made on written evidence, and—

(a) where the matter is urgent, without notice;

(b) otherwise, by claim form.]

(1)

1995 c. 21.