European Communities (Enforcement of Community Judgments) Order 1972

JurisdictionUK Non-devolved
CitationSI 1972/1590
Year1972

1972 No. 1590

EUROPEAN COMMUNITIES

The European Communities (Enforcement of Community Judgments) Order 1972

Made 23th October 1972

Laid before Parliament 31th October 1972

Coming into Operation in accordance with Article 1

At the Court at Windsor Castle, the 23rd day of October 1972

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 2(2) of the European Communities Act 1972, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the European Communities (Enforcement of Community Judgments) Order 1972 and shall come into operation on the date on which the United Kingdom becomes a member of the European Communities.

S-2 Interpretation

Interpretation

2.—(1) In this Order—

“” means

“” means

“” means and

“” means

(2) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

S-3 Registration of Community judgments and orders

Registration of Community judgments and orders

3.—(1) The High Court shall, upon application duly made for the purpose by the person entitled to enforce it, forthwith register any Community judgment to which the Secretary of State has appended an order for enforcement or any Euratom inspection order.

(2) Where a sum of money is payable under a Community judgment which is to be registered, the judgment shall be registered as if it were a judgment for such sum in the currency of the United Kingdom as, on the basis of the rate of exchange prevailing at the date when the Community judgment was originally given, is equivalent to the sum so payable.

(3) Rules of court shall be made requiring notice to be given of the registration of a Community judgment or Euratom inspection order to the persons against whom the judgment was given or the order was made.

(4) Where it appears that a Community judgment under which a sum of money is payable has been partly satisfied at the date of the application for its registration, the judgment shall be registered only in respect of the balance remaining payable at that date.

(5) Where, after the date of registration of a Community judgment under which a sum of money is payable, it is shown that at that date the judgment had been partly or wholly satisfied, the registration shall be varied or...

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