Court Rules: S.I. No. 618 of 2015: Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015 : Court Rules : Courts Service of Ireland

Circuit Court Rules

Amendment to: Order 2
S.I. No. 618 of 2015: Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015

1. (1) These Rules, which shall come into operation on the 30th day of December 2015, may be cited as the Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015.

(2) These Rules shall be construed together with the Circuit Court Rules.

(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2015.

(4) Notwithstanding the commencement of these Rules, any application to the Circuit Court concerning:

(a) a judgment given in legal proceedings instituted in a Member State of the European Union (other than the State) before 10 January 2015;

(b) an authentic instrument formally drawn up or registered before 10 January 2015, or

which falls within the scope of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and enforcement of judgments in civil and commercial matters may be commenced, continued and determined as if these Rules had not come into force.

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3. The Circuit Court Rules are amended:

(i) by the substitution for the title “Brussels Convention 1968” preceding paragraph (h) of Order 2 of the title “Cases to which the Brussels Convention, the Lugano Convention or Regulation No. 1215/2012 apply”;

(ii) by the substitution for paragraphs (j) to (k) of Order 2 of the following paragraphs:

“(j) Where jurisdiction depends on the domicile of a corporation or association, that jurisdiction shall in accordance with Article 63 of Regulation No. 1215/2012 be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the corporation or association has its registered office (or where there is no registered office, place of formation) or central administration or principal place of business.

(k) Subject to Chapter II of Regulation No. 1215/2012 or, as the case may be, to Title II of the Lugano Convention, the jurisdiction of the Court in proceedings that may be instituted in the State in accordance with Article 4, 11(1)(a), 14, 18, 21(1)(a) or 22 or the proviso to Article 24(1) of Regulation No. 1215/2012 or, as the case may be, Article 2, 9 (1)(a), 12, 16, 19(1) or 20 or the proviso to Article 22(1) of the Lugano Convention, shall in accordance with Regulation 11(1) of the European Union (Civil and Commercial Judgments) Regulations 2015, be exercised by a judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.

(l) The jurisdiction of the Court relating to proceedings that may be instituted in the State in accordance with Article 11(1)(b) or 18 of Regulation No. 1215/2012 or, as the case may be, in accordance with Article 9(1)(b) or 16 of the Lugano Convention, by a plaintiff domiciled in the State shall in accordance with Regulation 11(3) of the European Union (Civil and Commercial Judgments) Regulations 2015 be exercised by a judge of the Court for the time being assigned to the circuit in which the plaintiff or one of the ordinarily resides or carries on any profession, business or occupation.

(m) The jurisdiction of the Court relating to proceedings that may be instituted in the State in accordance with Article 21(1)(b)(i) of Regulation No. 1215/2012, by a plaintiff domiciled in the State shall in accordance with Regulation 11(4) of the European Union (Civil and Commercial Judgments) Regulations 2015 be exercised by a judge of the Court for the time being assigned to the circuit in which the plaintiff or one of the plaintiffs ordinarily carries on or last carried on any profession, business or occupation.”;

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