115 / 482
GAZETTE
MARCH 1989
Notes on the 1968 European Communities
(Judgments) Convention, the Act of the Oireachtas
which enabled Ireland to ratify it, and the District
Court Rules made thereunder. (September 1988)
The Conventions, the Act, the Rules
- The 1968 European Communit-
ies (Judgments) Convention -
herein called "the 1968
Convention" - is the Convent-
ion on jurisdiction and the
enforcement of judgments in
civil and commercial matters
(including the Protocol annexed
to that Convention) signed at
Brussels on 27th September
1968.
- The Protocol was signed on 3rd
June 1971 and deals with the
interpretation of the 1968
Convention by the Court of
Justice of the European Com-
munities. It aims to ensure a
uniformity of interpretation
throughout the Community.
- The 1978 Accession Convention
was signed on 9th October 1978
at Luxembourg and provided for
the accession of Ireland,
Denmark and the United King-
dom to the 1968 Convention and
the Protocol (as amended). By
virtue of Article 220 of the
Treaty of Rome and Article 3 of
the Act of Accession 1972
accession to the 1968 Con-
vention and the Protocol was a
condition of our membership of
the European Communities.
- The 1982 Accession Convention
was signed on 25th October
1982 at Luxembourg and
provided for the accession of
Greece to the 1968 Convention
and the Protocol (as amended).
- The Jurisdiction of Courts and
Enforcement of Judgments
(European Communities) Act,
1988 (No. 3 of 1988) - herein
called "the Act" - which, other
than section 3 in so far as it
relates to the 1982 Greek
Accession Convention, came
into operation on 1st June 1988,
gave the force of Law in Ireland
to the Conventions and the
Protocol. S.I. No. 37 of 1989
fixed 1 April, 1989, as the date
on which section 3 of the Act in
so far as it relates to the 1982
Greek Accession Convention
comes into operation.
- The District Court [Jurisdiction
of Courts and Enforcement of
Judgments (European Com-
munities) Act, 1988] Rules,
1988 (S.I. No. 173 of 1988) -
herein called "the Rules" -
regulate practice and procedure
in the District Court under the
Act. The Rules came into
operation on 18th July, 1988.
THE 1968 CONVENTION
Where in force
The 1968 Convention has been in
force between the original six
By
Seamus Casey,
Secretary, District Court
Rules Committee.
Member States since 1973. It came
into force for Denmark on 1st of
November 1986, for the United
Kingdom on 1st January 1987, and
for Ireland on 1st June 1988.
Therefore, since 1st June 1988 that
Convention is in force between
Ireland and Belgium, Denmark,
France, Germany, Italy, Luxembourg,
the Netherlands and the United
Kingdom. On 1 April, 1989, the Con-
vention will be in force for Greece.
It should be noted that it is not yet
in force for Portugal or Spain.
Texts
The texts of the 1968 Convention
and the 1971 Protocol are set out
in the 1st and 2nd Schedules to the
Act. Certain provisions of the 1978
and 1982 Accession Conventions
are set out in the 3rd and 4th
Schedules to the Act. For easy
reference there is a list of the
headings of the 1968 Convention
appended to these notes which the
reader may find useful.
Scope
The 1968 Convention deals with
civil and commercial matters
(including maintenance) but does
not apply to revenue, customs or
administrative matters, status,
matrimonial property, wills,
succession, bankruptcy, social
security, or arbitration (see Article
1).
Title II of that Convention sets
out the rules which determine
jurisdiction. It provides uniform
rules of civil jurisdiction for courts
throughout the Community, where
the defendant is domiciled in a
Contracting State. Title III provides
for the recognition (subject to
specified
exceptions)
and
enforcement of civil judgments
given in any Contracting State.
Jurisdiction - Domicile
In general, domicile determines
jurisdiction under the 1968
Convention. Title II (Article 2)
provides that persons domiciled in
a Contracting State shall (subject
to the provisions of that
Convention) be sued in the courts
of that State. Alternatively,
(Article 3) they may be sued in the
courts of another Contracting State
only by virtue of the rules set out
in sections 2 to 6 of that Title,
which establish special jurisdiction
and exclusive jurisdiction in various
matters. In regard to individuals
"domiciled" may, for the purposes
of the Conventions, generally be
equated with "ordinarily resident";
the term "domicile" is not defined
in the Conventions - under Article
52 it must be determined in
accordance with national law.
Section 13 and the 5th Schedule of
the Act provide definitions of the
domicile of an individual, a
corporation, an association (an
unincorporated body of persons),
and a trust.
Service out of the jurisdiction
In cases coming within the scope
of the 1968 Convention courts will
no longer have discretion to decide
whether or not to allow service out
of the jurisdiction of originating
documents or notices thereof.
Rules 7 and 8 of the Rules
prescribe the procedures to be
101