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GAZETTE
APRIL 1989
1968 EUROPEAN COMMUNITIES (JUDGMENTS) CONVENTION
List of Headings
TITLE SUBJECT
III
IV
V
VI
VII
V I II
Scope
Jurisdiction
Recognition
and
Enforcement
Authentic
Instruments
and Court
Settlements
General
Provisions
Transitional
Provisions
Relationship to
other
Conventions
Final Provisions
CONTENTS
General Provisions
Special
Insurance
Consumer Contracts
Exclusive
Prorogation of
Jurisdiction
Examination as to
Jurisdiction and
Admissibility
Lis Pendens
Provisional, incl.
Protective Measures
Recognition
Enforcement
Common Provisions
SECTION ARTICLES
1
2 to 4
5 to 6a
7 to 12a
13 to 15
16
17 and 18
19 and 20
21 to 23
24
25 to 30
31 to 45
46 to 49
50 and 51
52 and 53
54
55 to 59
60 to 68
Rules 4 and 5 contain the
necessary venue provisions in
consequence of Articles 8.2 and 14
of the 1968 Convention.
Rule 6
EXCLUDES
Convention
cases from the provisions of the
1962 Rules relating to service out
of the jurisdiction.
Rules 7 and 8 set out the
procedures to be followed where
proceedings, other than proceed-
ings under the Maintenance Orders
Act, 1974, are being instituted in
the District Court by virtue of the
Conventions against a person
domiciled in a Contracting State
other than the State.
Service of documents
Under these Rules documents may
be served by registered post or
insured post. They must be served
on the defendant AT LEAST ONE
MONTH before the date of hearing.
A registered-post service is
available in most E.C. countries, but
in France, Greece and the
Netherlands there is an insured-
post service. Instructions may be
placed on the top left-hand corner
of letters so that they may be
delivered to the addressees in
person (in all E.C. countries except
the United Kingdom). To ensure
delivery in this manner, the letter
should be registered or insured and
must be accompanied by an advice
of delivery form. The envelope
must be marked in the top left-hand
corner -
A remettre en main propre -
for
French post;
Eigenhandig
for German post;
a entragar an proprio mano
for
Spanish post
(i.e. for delivery to the addressee in
person);
or the equivalent in a language
known in the country of
destination. The present cost of
sending a standard letter of under
20 grammes in weight by
registered post
is £1.50 and by
insured post
is £1.65. The British
Post Office does not undertake to
deliver registered mail (even if
accompanied by an advice of
delivery form) to the addressee in
person.
Judgment in office not to apply
Rule 9 makes the necessary
amendments to the Summary
Judgment Rules of 1963. It should
be noted that in Summary
Judgment matters, where the
defendant is domiciled in a
Contracting State other than the
State, and no Notice of Intention to
Defend is received from the
defendant, the case will be listed
for court.
Rules 10 and 11 deal with the
provision of documents to
interested parties in connection
with applications for recognition
and enforcement of District Court
judgments abroad and provide for
the service of judgments in such
cases.
Rule 12 excludes the enforcement
of United Kingdom maintenance
orders from the provisions of the
Rules.
Rules 13 and 14 prescribe
procedures in relation to the
enforcement of Community
maintenance orders in the District
Court.
Rule 15 which is similar to section
9(1) of the Act, regulates the
currency of payments under an
enforceable maintenance order and
fixes the appropriate rate of
exchange for currency conversions.
Rule 16 requires the District Court
clerk to send a receipt for each
payment received, to transmit the
amount of the payment to the
person entitled to receive it, and in
doing so to comply with any
Exchange Control regulations in
force governing such payments.
Rule 17 provides a procedure for
the case where a maintenance
debtor changes address from one
court area to another.
Rule 18 Applications to the court
clerk in relation to arrears of
maintenance are dealt with in this
Rule. The clerk may proceed under
Contd. on pmgm 107
103