STATUTORY INSTRUMENTS.

S.I. No. 39 of 2000.

JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGEMENTS ACT, 1998 (SECTION 17 (2)) (DECLARATION) ORDER, 2000.

S.I. No. 39 of 2000.

JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGEMENTS ACT, 1998 (SECTION 17 (2)) (DECLARATION) ORDER, 2000.

I, BRIAN COWEN, T.D., Minister for Foreign Affairs, in exercise of the powers conferred upon me by section 17 (2) of the Jurisdiction of Courts and Enforcement of Judgements Act, 1998 (No. 52 of 1998) , hereby order as follows:

1. This Order may be cited as the Jurisdiction of Courts and Enforcement of Judgements Act, 1998 (Section 17 (2)) (Declaration) Order, 2000.

2. It is hereby declared--

(a) that the states specified in the First Schedule to this Order are Contracting States;

(b) that a declaration (the text of which in the English language is set out in Part I of the Second Schedule hereto) has been made by the Republic of Poland pursuant to Article Ib of Protocol 1 to the Swiss Federal Council; and

(c) that a communication (the text of which in the English language is set out in Part II of the Second Schedule hereto) has been made by the Republic of Poland pursuant to Article 63 of the Convention to the Swiss Federal Council:

FIRST SCHEDULE

The State, the Republic of Austria, the Kingdom of Belgium, the Kingdom of Denmark, the Republic of Finland, the French Republic, the Federal Republic of Germany, the Hellenic Republic, Iceland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, the Kingdom of Spain, the Kingdom of Sweden, Switzerland, the United Kingdom of Great Britain and Northern Ireland.

SECOND SCHEDULE

PART I

“The Republic of Poland reserves the right not to recognise or enforce judgements given in other Contracting States if the jurisdiction of the Court of the State of origin is based, pursuant to Article 16 (1) (b), exclusively on the domicile of the defendant in the State of origin and the property is situated in the territory of the Republic of Poland.”

PART II

1. Re Article 3 of the Convention:

-- Articles 1103 and 1110 of the Code of Civil Procedure (Kodeks postȩpowania cywilnego) do not apply to the persons designated in Article 3 paragraph 1 of the Convention in the Republic of Poland;

2. Re Article 32 of the Convention:

-- In the Republic of Poland applications for approval of enforcement of a decision of a foreign court are to be made to the “sąd okrȩgowy”;

3. Re Article 37 of the Convention:

-- In the Republic of Poland, appeals against a judgement of a court of first instance are to be made to the “sąd apelacyjny”;

-- In the Republic of Poland only cassation (kasacja) of a judgement issued on appeal is permitted;

4. Re Article 40 of the Convention:

-- In the Republic of Poland, if an application for approval of enforcement of the decision of the foreign court is rejected, the applicant may appeal to the “sąd apelacyjny”;

5. Re Article 41 of the Convention:

-- In the Republic of Poland only cassation (kasacja) of a judgement issued on the appeal allowed under Article 40 is permitted;

6. Re Article 55 of the Convention: this Convention replaces the following Conventions:

-- The Polish-Austrian Convention on Bilateral Relations in Civil Matters and Concerning Documents, signed in Vienna on 11 December 1963;

-- The Polish-Frence Convention on Applicable Law, Jurisdiction and Enforcement of Judgements in the Field of the Law Concerning Individuals and Families, signed in Warsaw on 5 April 1967;

-- The Polish-Greek Convention on Mutual Assistance in Civil and Criminal Matters, signed in Athens on 24 October 1979; and

-- The Polish-Italian Convention on Mutual Assistance and the Recognition Enforcement of Judgements in Civil Matters, signed in Warsaw on 28 April 1989.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Section 17 (2) of the Jurisdiction of Courts and Enforcement of Judgements Act, 1998, enables the Minister for Foreign Affairs to declare which states are Contracting States to the 1988 Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters done at Lugano on the 16th day of September 1988 and that a denunciation, declaration or communication has been made to the Swiss Federal Council pursuant to the said Convention. This Order specifies which States are Contracting States and the denunciations, declarations or communications that have been received by the Swiss Federal Council.