S.I. No. 331/1972 - European Communities (Enforcement of Community Judgments) Regulations, 1972

S.I. No. 331 of 1972.

EUROPEAN COMMUNITIES (ENFORCEMENT OF COMMUNITY JUDGMENTS) REGULATIONS, 1972.

I, DESMOND O'MALLEY, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following regulations:—

1 Citation

1.

1. These Regulations may be cited as the European Communities (Enforcement of Community Judgments) Regulations, 1972.

2 Commencement

2.

2. These Regulations shall come into operation on the 1st day of January, 1973.

3 Interpretation

3.

3. In these Regulations—

"Community judgment" means any decision, judgment or order which is enforceable under or in accordance with Article 187 or 192 of the EEC Treaty, Article 18, 159 or 164 of the Euratom Treaty or Article 44 or 92 of the ECSC Treaty; "enforcement order" has the meaning specified in Regulation 4 (1) of these Regulations.

4 Making of enforcement orders by Master of the High Court

4.

4. (1) The Master of the High Court shall, upon application duly made by the person entitled to enforce a Community judgment, make an order (in these Regulations referred to as an enforcement order) for the enforcement of the Community judgment and shall append the order to it.

• (2) Where a sum of money is payable under a Community judgment which is to be enforced, the enforcement order shall provide that the amount payable shall be such sum in the currency of the State as, on the basis of the rate of exchange prevailing at the date on which the Community judgment was originally given, is equivalent to the sum payable.

• (3) Where it appears that a Community judgment under which a sum of money is payable has been partly satisfied at the date of the application for its enforcement, the enforcement order shall be made only in respect of the balance remaining payable at that date.

• (4) Where, after the date on which an enforcement order has been appended to a Community judgment under which a sum of money is payable, it is shown that at that date the judgment had been partly or wholly satisfied, the Master shall vary or cancel his order accordingly with effect from that date.

5 Effect of enforcement order

5.

5. A Community judgment to which an enforcement order has been appended shall, for all purposes of execution, be of the same force and effect, and proceedings may be taken on the judgment, and any sum payable under the judgment shall carry interest, as if the judgment had been a judgment or order given or made by the High Court on the date on which the enforcement order is appended thereto.

6 Suspension of enforcement of Community judgments

6.

6. An order of the Court of Justice of the European Communities suspending enforcement of a Community judgment shall operate to suspend enforcement of that judgment for the period and on the conditions, if any, stated in the order.

7 Restriction of section 9 of the Enforcement of Court Orders Act, 1940

7.

7. The powers of the Minister for Justice under section 9 of the Enforcement of Court Orders Act, 1940 (No. 23 of 1940), shall not be exercisable in respect of the enforcement of a Community judgment.

8 Restriction of section 23 of the Criminal Justice Act, 1951

8.

8. Section 23 of the Criminal Justice Act, 1951 (No. 2 of 1951), shall not apply to a Community judgment.

GIVEN under my Official Seal, this 21st day of December, 1972.

DESMOND O'MALLEY,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations provide for the enforcement in Ireland of judgments of the Court of Justice of the European Communities, and of decisions of the Council of Ministers or the Commission imposing pecuniary obligations on persons other than States.