The Civil Procedure Rules 1998

RSC ORDER 114 E+W REFERENCES TO THE EUROPEAN COURT

Interpretation E+W

Rule 1  In this Order—

“the Court” means the court by which an order is made and includes the Court of Appeal;

“the European Court” means the Court of Justice of the European Communities; and

“order” means an order referring a question to the European Court for a preliminary ruling under article 177 of the Treaty establishing the European Community, Article 150 of the Treaty establishing the European Atomic Energy Community or Article 41 of the Treaty establishing the European Coal and Steel Community or for a ruling on the interpretation of any of the Brussels Conventions (within the meaning of s.1 (1) of the Civil Jurisdiction and Judgments Act 1982(1)) or any of the instruments referred to in s.1 of the Contracts (Applicable Law) Act 1990(2).

Making of order E+W

Rule 2—(1) An order may be made by the Court of its own initiative at any stage in proceedings, or on application by a party before or at the trial or hearing thereof.

(2) Where an application is made before the trial or hearing, it shall be made [F1 in accordance with CPR Part 23].

(3) In the High Court no order shall be made except by a judge in person.

Textual Amendments

F1 Words in Sch. 1 RSC Order 114 rule 2(2) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 59

Schedule to order to set out request for ruling E+W

Rule 3  An order shall set out in a schedule the request for the preliminary ruling of the European Court, and the Court may give directions as to the manner and form in which the schedule is to be prepared.

Stay of proceedings pending ruling E+W

Rule 4  The proceedings in which an order is made shall, unless the Court otherwise orders, be stayed until the European Court has given a preliminary ruling on the question referred to it.

Transmission of order to the European Court E+W

Rule 5  When an order has been made, the Senior Master shall send a copy thereof to the Registrar of the European Court; but in the case of an order made by the High Court, he shall not do so, unless the Court otherwise orders, until the time for appealing against the order has expired or, if an appeal is entered within that time, until the appeal has been determined or otherwise disposed of.

Appeals from orders made by High Court E+W

Rule 6  On an appeal to the Court of Appeal from an order made by the High Court [F2 an appellant’s notice must be filed at the Court of Appeal within 14 days after the date the order was made.]

Textual Amendments

F2 Words in Sch. 1 RSC Order 114 rule 6 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 30

(1)

1982 c. 27.

(2)

1990 c. 36.