District Court (EU Regulations) Rules 2005
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These rules may be cited as the District Court (EU Regulations) Rules 2005.
num: 2
paragraphs: These rules shall come into operation on the 1st day of November 2005 and shall be read together with all other District Court rules for the time being in force.
EU Service Regulation
num: 3
paragraphs: Order 11 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended:
(a) By the addition to Rule 1 of the following definitions;
“Receiving Agency”, for the purposes of the Service Regulation, when used in relation to the State means any County Registrar and, when used in relation to any other State in which the Service Regulation applies, means the authority or authorities so designated by the State under Article 2 of the Service Regulation to receive requests for the service of documents;
“Service Regulation” means Council Regulation (EC) No. 1348/2000 of 29 May 2000 on the Service in the Member States of Judicial and Extrajudicial documents in civil or commercial matters (OJ L160/37 of 30 June 2000);
“Transmitting Agency”, when used in relation to the State means any County Registrar and when used in relation to any other State in which the Service Regulation applies, means the public officers, authorities or other persons designated by the relevant State under Article 2 of the Service Regulation to transmit requests for the service of documents;
(b) By the substitution for Rule 6 (c) of the following:
“In a case where the person to be served is in another State in which the Service Regulation applies, service shall be effected in accordance with the provisions of the Regulation (which may include service by post under Article 14(1) thereof in accordance with any conditions upon which the State of destination has specified under Article 14(2) and in accordance with Article 23(1) of the Regulation it will accept service of judicial documents by post). In any other case where the person to be served is in another State which is a party to the Hague Convention, service shall be effected in accordance with the provisions of the Convention (which may include service by post under paragraph (a) hereof provided the State destination has not made an objection to such service under Article 10 (a) of the Hague Convention)”;
(c) By the substitution for the title immediately following rule 6 of the title “PART II- SERVICE UNDER THE SERVICE REGULATION OR THE HAGUE CONVENTION”
(d) By the substitution of the following for Rule 7:
“Where any document for use in civil or commercial proceedings in the District Court is to be served upon a person in any other State in which the Service Regulation applies, or in any State in which the Service Regulation does not apply but which is a party to the Hague Convention, that document shall be served, as appropriate, in accordance with the provisions of the Service Regulation or of the Hague Convention”.
(e) By the substitution of the following for Rule 8:
“Any party to any proceedings in a civil or commercial matter or a solicitor acting for any such party or, as the case may be, any District Court clerk who wishes to have a document served abroad pursuant to the Service Regulation or the Hague Convention may lodge with the Transmitting Agency or the Central Authority, as appropriate;
(i) A request for the service of the document in the form specified in the Annex to the Service Regulation or in the Annex to the Hague Convention, as appropriate, and a copy thereof
(ii) Two copies of the document to be served, with an additional copy thereof for each person to be served
(iii) A translation of each document into the official languages or one of the official languages of State addressed, or in another language which that State has indicated it can accept, unless that document is already in one of those languages;
(iv) An undertaking to pay the costs of service, payment or reimbursement of which these may be sought by the Receiving Agency or by the Central Authority of the State addressed;
And the relevant provision of Order 11B of the Rules of the Superior Courts shall apply in every such case”.
(f) By the insertion into Rule 9(1) immediately after the words “completed and forwarded” of the words “under Article 10 of the Service Regulation by the Receiving Agency or”;
(g) By the insertion into each of Rule 10(1), Rule 11 and Rule 12 immediately before the words “The Hague Convention” where those words appear in each of them of the words “the Service Regulation or”.
(h) By the insertion into each of Rule 10(1)(b) and Rule 11(a) immediately before the words “that Convention” where that word appears in each of them of the words “the Service Regulation or”.