STATUTORY INSTRUMENTS.

S.I. No. 40 of 2000.

JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGEMENTS ACT, 1998 (SECTION 4 (2)) (DECLARATION) ORDER, 2000.

S.I. No. 40 of 2000.

JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGEMENTS ACT, 1998 (SECTION 4 (2)) (DECLARATION) ORDER, 2000.

I, BRIAN COWEN, T.D., Minister for Foreign Affairs, in exercise of the powers conferred upon me by section 4 (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 4 (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 Kingdom of the Netherlands pursuant to Article 60 to the Secretary-General of the Council of the European Communities, 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 Kingdom of Denmark pursuant to Article VI to the Secretary-General of the Council of the European Communities.

FIRST SCHEDULE

The 1968 Convention: the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;

The 1978 Convention: the State, the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland;

The 1982 Convention: the State, the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the Hellenic Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland;

The 1989 Convention: the State, the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the Hellenic Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the Kingdom of Spain, the United Kingdom of Great Britain and Northern Ireland;

The 1996 Convention: 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, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the Kingdom of Spain, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland.

SECOND SCHEDULE

PART I

“I would draw your attention to the following:

The Government of Aruba has let it be known that it wishes Aruba to be included in the territories to which the following Convention and Protocol apply:

-- Convention on jurisdiction and the enforcement of judgements in civil and commercial matters, with Protocol and Joint Declaration, Brussels 27 September 1968;

-- Protocol on the interpretation by the Court of Justice of the Convention on 27 September 1968 on jurisdiction and the enforcement of judgements in civil and commercial matters, with a Joint Declaration, Luxembourg 3 June 1971.

In connection with the foregoing, I would inform you, with reference to Article 60 of the Convention and Article 6 of the Protocol, that application of the Convention and the Protocol, both of which, as far as the Kingdom of the Netherlands is concerned, have hitherto applied only to Europe and the territory of the Kingdom of the Netherlands, should henceforth be extended to Aruba.

I would ask you to inform the other Member States of this notification”.

PART II

Article 3 of the Convention:

The Danish provisions on jurisdiction contained in Article 248 (2) of the law on civil procedure were amended by Law No. 324 of 4 June 1986. The current provisions on jurisdiction in respect of aliens based on residence or location of property are now to be found in Article 246 (2) and (3) of the law on civil procedure.

Article 32 of the Convention:

The name of the court to which the application is to be submitted in accordance with Article 32 (1) was changed by Law No. 260 of 8 June 1979 from “underret” to “byret”.

EXPLANATORY NOTE.

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

Section 4 (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 1968 Convention on Jurisdiction and Enforcement of Judgements in Civil and Commercial Matters or that a declaration or communication has been made to the Secretary-General of the Council of the European Communities pursuant to the said Convention. This Order specifies which States are Contracting States and the declarations or communications that have been received by the Secretary-General of the Council of the European Communities.