District Court (Service In Member States of Judicial and Extra-judicial Documents In Civil Or Commercial Matters) Rules 2009
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These rules may be cited as the District Court (Service in Member States of Judicial and Extra-Judicial Documents in civil or commercial matters) Rules 2009.
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paragraphs: These rules shall come into operation on the 8th day of October 2009 and shall be construed together with the District Court Rules 1997 to 2009.
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paragraphs: The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended:
(a) by the substitution in rule 1 of Order 11 for the definition of “Service Regulation” of the following definition:
“ “Service Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (service of documents) and repealing Council Regulation No. 1348/2000 (O.J. L. 324/79)”;
(b) by the substitution for paragraph (c) of rule 6 of Order 11 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 diplomatic or consular agents, in accordance with Article 13 of the Service Regulation (save where that Member State has communicated, in accordance with Article 23(1) of the Service Regulation, that it is opposed to the service of documents in its territory in the said manner), by registered post in accordance with Article 14 of the Service Regulation or by direct service, in accordance with Article 15 of the Service Regulation. 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) provided the destination State has not made an objection to such service under Article 10 (a) of the Hague Convention)”;
(c) by the insertion in rule 1 of Order 62, immediately following the definition of “maintenance order” of the following definition:
“ “Service Regulation” has the same meaning as in Order 11, rule 1”;
(d) by the substitution for sub-rule (1) of rule 4 of Order 62 of the following:
“4. (1) The provisions of the Service Regulation shall apply to proceedings brought in the District Court by virtue of the Jurisdiction Regulation. The provisions of The Hague Convention of 15th November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (hereinafter referred to as “The Hague Convention”) shall apply to proceedings brought in the District Court by virtue of the Conventions.”, and
(e) by the substitution for sub-rule (5) of rule 5 of Order 62 of the following:
“(5) A notice and certificate returned under paragraph (4) shall be served as indicated in rule 4 (which may include service by post provided that if such service is into a Contracting State in which the Hague Convention applies, the State of destination has not made an objection to such service under Article 10 (a) of The Hague Convention) or, where appropriate, in accordance with the provisions of Order 11 of these Rules, upon the defendant and, where the documents are to be served in the European territory of another Member State or Contracting State they shall be served at least five weeks prior to the date of sitting of the Court before which the proceedings have been listed for hearing. Where the documents are to be served in any non-European territory of another Contracting State, they shall be served at least six weeks prior to that date.”;
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paragraphs: The Forms numbered 62.1, 62.2, 62.3, 62.4, 62.5, 62.7 and 62.8 in Schedule 1 shall be substituted for the Forms bearing the like numbers in Schedule C of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).