The Civil Procedure Rules 1998

II. Enforcement of European Community Judgments E+W

Interpretation E+W

Rule 15  In this Part of this Order “the Order in Council” means the European Communities (Enforcement of Community Judgments) Order 1972(2), and expressions used in the Order in Council shall, unless the context otherwise requires, have the same meanings as in that Order.

Functions under Order in Council exercisable by judge or master E+W

Rule 16  The functions assigned to the High Court by the Order in Council may be exercised by a judge and a master of the Queen’s Bench Division F1 ....

Textual Amendments

F1 Words in Sch. 1 RSC Order 71 rule 16 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 62(e)

Application for registration of Community judgment, etc. E+W

Rule 17  An application for the registration in the High Court of a Community judgment or Euratom inspection order may be made without notice being served on any other party.

Evidence in support of application E+W

Rule 18—(1) An application for registration must be supported by a witness statement or affidavit exhibiting—

(a) the Community judgment and the order for its enforcement or, as the case may be, the Euratom inspection order or, in either case, a duly authenticated copy thereof, and

(b) where the Community judgment or Euratom inspection order is not in the English language, a translation into English certified by a notary public or authenticated by witness statement or affidavit.

(2) Where the application is for registration of a Community judgment under which a sum of money is payable, the witness statement or affidavit shall also state—

(a) the name and occupation and the usual or last known place of abode or business of the judgment debtor, so far as known to the witness; and

(b) to the best of the witness’s information and belief that at the date of the application the European Court has not suspended enforcement of the judgment and that the judgment is unsatisfied or, as the case may be, the amount in respect of which it remains unsatisfied.

Register of judgments and orders E+W

Rule 19—(1) There shall be kept in the Central Office of the Supreme Court under the direction of the Senior Master a register of the Community judgments and Euratom inspection orders registered under the Order in Council.

(2) There shall be included in the register particulars of any execution issued on a judgment so registered.

Notice of registration E+W

Rule 20—(1) Upon registering a Community judgment or Euratom inspection order, the court shall forthwith send notice of the registration to every person against whom the judgment was given or the order was made.

(2) The notice of registration shall have annexed to it a copy of the registered Community judgment and the order for its enforcement or, as the case may be, a copy of the Euratom inspection order, and shall state the name and address of the person on whose application the judgment or order was registered or of his solicitor or agent on whom process may be served.

(3) Where the notice relates to a Community judgment under which a sum of money is payable, it shall also state that the judgment debtor may apply within 28 days of the date of the notice, or thereafter with the permission of the Court, for the variation or cancellation of the registration on the ground that the judgment had been partly or wholly satisfied at the date of registration.

Issue of execution E+W

Rule 21  Execution shall not issue without the permission of the Court on a Community judgment under which a sum of money is payable until the expiration of 28 days after the date of notice of registration of the judgment or, as the case may be, until any application made within that period for the variation or cancellation of the registration has been determined.

Application to vary or cancel registration E+W

Rule 22  An application for the variation or cancellation of the registration of a Community judgment on the ground that the judgment had been wholly or partly satisfied at the date of registration shall be made [F2 in accordance with CPR Part 23 and] supported by witness statement or affidavit.

Textual Amendments

F2 Words in Sch. 1 RSC Order 71 rule 22 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 22(b)

Application for registration of suspension order E+W

Rule 23  An application for the registration in the High Court of an order of the European Court that enforcement of a registered Community judgment be suspended may be made without notice being served on any other party by lodging a copy of the order in the Central Office of the Supreme Court.

Application for enforcement of Euratom inspection order E+W

Rule 24  An application for an order under Article 6 of the Order in Council for the purpose of ensuring that effect is given to a Euratom inspection order may, in case of urgency, be made without notice being served on any other party on witness statement or affidavit but, except as aforesaid, shall be made by claim form.

(1)

1982 c. 37.

(2)

S.I. 1972/1590 as amended by S.I. 1998/1259.