The Gazette 1989

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 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 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.

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

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

101