S.I. No. 173/1988:

DISTRICT COURT [JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988] RULES, 1988.

DISTRICT COURT [JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988] RULES, 1988.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby with the concurrence of the Minister for Justice, make the following Rules of Court:--

1. These Rules may be cited as the District Court [ Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ] Rules, 1988.

2. These Rules shall come into operation on the 18th day of July 1988 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules--

"the Act" means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 (No. 3 of 1988);

"the 1968 Convention" means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention) signed at Brussels on the 27th day of September, 1968 and is to be construed in accordance with section 1 (3) of the Act;

the terms "Contracting State", "the Conventions", "enforcement order", "maintenance creditor", "maintenance debtor", "maintenance order", have the meanings assigned to them in section 1 (1) of the Act;

"domiciled" shall be construed in accordance with the provisions of section 13 and the Fifth Schedule of the Act and Articles 52 and 53 of the 1968 convention;

"Form" means a form set out in the Schedule annexed hereto, or such modification thereof as may be suitable;

"the Rules of 1962" means the District Court Rules (No. 1) 1962 ( S.I. No. 7 of 1962 );

"the Rules of 1963" means the District Court (Summary Judgment) Rules, 1963 ( S.I. No. 213 of 1963 );

"the Rules of 1975" means the District Court ( Maintenance Orders Act, 1974 ) Rules, 1975 ( S.I. No. 58 of 1975 );

"the Rules of 1976" means the District Court [ Family Law (Maintenance of Spouses and Children) Act, 1976 ] Rules, 1976 ( S.I. No. 96 of 1976 ).

CIVIL AND GENERAL PROVISIONS.

4. Whenever it is proposed to bring proceedings before the District Court by virtue of Article 8.2 (which relates to insurance matters) of the 1968 Convention against an insurer domiciled in a Contracting State other than the State and the policy-holder is domiciled in the State, such proceedings may be brought, heard or determined before any sitting of the Court for the transaction of civil business for the district court area in which the policy-holder is ordinarily resident or carries on any profession, business or occupation.

5. Whenever a consumer who is domiciled in the State proposes to bring proceedings before the District Court by virtue of Article 14 (which relates to consumer contracts) of the 1968 Convention against the other party to a contract and that other party is domiciled in a Contracting State other than the State, such proceedings may be brought, heard or determined before any sitting of the Court for the transaction of civil business for the district court area in which the plaintiff is ordinarily resident or carries on any profession, business or occupation.

6. Rule 4 (which relates to service out of the jurisdiction) of the Rules of 1962 is hereby amended by the insertion after paragraph (7) of the following paragraph--

"(8) This Rule shall not apply to proceedings brought by virtue of the Conventions defined in section 1 (1) of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ."

7. (1) This Rule shall not apply to the institution of proceedings under section 17 of the Maintenance Orders Act, 1974 against a person residing in a reciprocating jurisdiction.

(2) Whenever it is proposed to institute proceedings in the District Court by virtue of the Conventions against a person who is domiciled in a Contracting State other than the State and that person is not a citizen of Ireland, notice of the document instituting the proceedings (in the Form 1) and not the document itself, shall be served on him.

(3) The plaintiff or his solicitor shall commence such proceedings by completing, signing and stamping the civil process or other document instituting the proceedings and lodging it, together with duly completed originals and copies of a notice in the Form 1 and a certificate in the Form 1A, with the district court clerk. The clerk shall stamp them with the official office stamp showing the date of lodgment, shall list the proceedings for hearing before the Court and, having recorded the place, date and time of hearing on each document, shall return the documents to the plaintiff or his solicitor, as the case may be.

(4) A notice and certificate returned under this rule may be served on the defendant by registered post or by insured post and shall be served at least one month prior to the sitting of the Court before which the proceedings have been listed. Application for an advice of delivery should be made to the postal authorities at the time of posting.

(5) After the expiration of ten days from the day on which the envelope containing the copy notice for service (with the copy certificate attached) was posted the plaintiff or his solicitor shall lodge with the district court clerk the originals of the notice and the certificate, together with a statutory declaration as to service thereof, the certificate of posting, and the original civil process or other document instituting the proceedings. Such notice and certificate shall be deemed to be issued at the time at which the envelope containing the copies thereof for service was posted. They shall be deemed to be served at the time at which the said envelope would be delivered in the ordinary course of post. The statutory declaration shall, together with the certificate of posting, be sufficient evidence of such service unless the court shall otherwise decide or unless it is proved that such copy notice and copy certificate were not delivered.

(6) If the defendant intends to defend the proceedings he shall complete and send by post to the district court clerk one of the notices of intention to defend which he received, so as to reach his office not later than four days before the said sitting of the Court. He shall at the same time complete and send by post to the plaintiff or his solicitor the other such notice received.

(7) At the hearing of the proceedings the district court clerk shall produce to the Court any communication or correspondence received by him from the defendant. Where the defendant fails to appear and is not represented at the hearing, the Court may, if it considers it necessary to do so, request the production of an advice of delivery form confirming delivery to the defendant or to his residence of the envelope containing the copy notice and copy certificate which were posted to him.

(8) Where the Court gives judgment against the defendant in such proceedings the plaintiff or his solicitor shall send by post to the defendant notice of the said judgment.

8. In proceedings, to which Rule 7 of these Rules relates, if the defendant, though domiciled in another Contracting State, is a citizen of Ireland, the civil process or other document instituting the proceedings, with any necessary modifications, (rather than notice thereof) may be served. The provisions of that Rule shall apply in such cases and shall be construed accordingly.

9. The Rules of 1963 are hereby amended as follows:--

(a) by the insertion in Rule 3 of the following additional definitions --

"the Act of 1988" means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 (No. 3 of 1988);" the Conventions" has the meaning assigned to it in the Act of 1988; "the Rules of 1988" means the District Court [ Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ] Rules, 1988.

(b) by the insertion in the first line of paragraph (1) of Rule 7, before the word "Where" of "In proceedings other than proceedings to which the Conventions apply".

(c) by the insertion in the first line of paragraph (3) of Rule 7, after the word "hereof" of "and rule 13 of these Rules".

(d) by the insertion after Rule 12 of the following Rules--

"13. Notwithstanding the provisions of these Rules, where the proceedings are proceedings to which the Conventions apply and the defendant is domiciled in a Contracting State other than the State--

(1) the civil process (with any necessary modifications) or, as the case may be, notice thereof in the Form 1 in the Schedule to the Rules of 1988 (with two notices of intention to defend attached thereto) and a certificate in the Form 1A in that Schedule shall be served on the defendant by registered post or by insured post in accordance with the provisions of Rule 7 of the Rules of 1988.

(2) The provisions contained in Rules 7 and 8 of the Rules of 1988 shall apply to proceedings to which this Rule relates.

14. If, in proceedings under Rule 13 hereof, no notice of intention to defend is received by the clerk from the defendant, the Justice shall, in accordance with Rule 7 (4) hereof, direct that the case be listed for hearing in Court and that the plaintiff or his solicitor be notified. At the hearing it shall be necessary for the plaintiff to show to the satisfaction of the Court that, to the best of his belief--

(a) each claim made in the civil process is one which, by virtue of the provisions of the Conventions, the Court has jurisdiction to hear and determine,

(b) no proceedings involving the same cause of action are pending between the parties in another Contracting State,

(c) the defendant was duly served with the document instituting the proceedings or notice thereof, and

(d) the defendant has been able to receive the said document or notice in sufficient time to enable him to arrange for his defence, or all necessary steps have been taken to this end, as required by Article 20 of the 1968 Convention."

10. (1) An interested party who, for the purposes of Articles 46 and 47 of the 1968 Convention, requests the provision of the documents mentioned in section 12 of the Act in respect of a judgment given in the District Court, shall lodge with the district court clerk for the district court area in which the judgment was given--

(a) an original and copy of the judgment, duly completed,

(b) a certificate in duplicate in the Form 2, and

(c) where appropriate, an original and copy of the document establishing that notice of the institution of proceedings was served on the defendant.

(2) When the judgment has been signed by the Justice, the district court clerk shall give to the party requesting them a fully authenticated copy of the judgment, a certificate in the Form 2 and, where appropriate, a certified true copy of the document referred to at paragraph (1) (c) of this Rule, and he shall retain the other documents in his custody.

11. (1) Where, for the purposes of Article 47 of the 1968 Convention, it is necessary to serve on the defendant a judgment given at a sitting of the District Court, such service may be effected by registered post or by insured post by or on behalf of the plaintiff. Application for an advice of delivery should be made to the postal authorities at the time of posting. The statutory declaration as to service, the certificate of posting and the advice of delivery shall be lodged with the district court clerk for retention with the original judgment.

(2) Upon the request of a party applying for enforcement of such a judgment, for the provision of the document referred to in Article 47.1 of that Convention, the district court clerk shall give to that party a certificate in the Form 3 and certified copies of the statutory declaration, the certificate of posting and the advice of delivery referred to in paragraph (1) of this Rule.

ENFORCEMENT OF COMMUNITY MAINTENANCE ORDERS

12. These Rules shall not apply to the enforcement of maintenance orders made in a reciprocating jurisdiction as provided for in section 14 of the Maintenance Orders Act, 1974 (No. 16 of 1974).

13. In these Rules "enforceable maintenance order" shall have the meaning assigned to it in section 7 (1) of the Act.

14. (1)Where a copy of a maintenance order, or a copy of an order varying or revoking such an order, in respect of which an enforcement order has been made, is received together with a copy of the relevant enforcement order by a district court clerk from the Master of the High Court, such clerk shall enter in the Maintenance Book particulars of each document received.

(2) If the enforcement order has been made in respect of a maintenance order or an order varying a maintenance order, the clerk shall send by registered post to the maintenance debtor and the maintenance creditor a notice in the Form 4 indicating the hours during which and the place at which payments under the maintenance order or the maintenance order as varied should be made.

(3) If the enforcement order has been made in respect of an order revoking a maintenance order, the clerk shall send by registered post to the maintenance debtor a copy of such revocation order and a statement of any amounts still due and payable under the maintenance order.

15. Amounts payable in the State by a maintenance debtor under an enforceable maintenance order shall be paid in the currency of the State and if the amount is stated in that order in some other currency the payment shall be made on the basis of the exchange rate prevailing on the date of the relevant enforcement order between that other currency and the currency of the State.

16. (1) The district court clerk shall give, or send by ordinary post, to the maintenance debtor a receipt for each payment made by him under an enforceable maintenance order, and shall transmit such payment forthwith by registered post, by insured post or by any other appropriate method to the person entitled to receive it.

(2) Before transmitting any such payment abroad the clerk shall comply with any Exchange Control regulations for the time being in force governing the transmission of such payments and shall, where necessary for that purpose, produce the enforceable maintenance order to an authorised dealer (i.e. a licensed bank) for inspection.

17. (1) Where a maintenance debtor ceases to reside in the district court area in which the proceedings have been entered and commences to reside elsewhere in the State the clerk for the said court area shall forward to the clerk for the court area in which the maintenance debtor is for the time being residing, the following documents--

(a) a copy of the maintenance order and a copy of the relevant enforcement order,

(b) a certificate of arrears in the Form 5,

(c) a copy of the variation order (if any),

(d) any other relevant document.

(2) The clerk receiving the said documents shall proceed as if the copy of the maintenance order and the copy of the enforcement order had been received by him from the Master of the High Court.

18. (1) Whenever a district court clerk receives a request in writing from a maintenance creditor under section 7 (7) (b) of the Act in relation to any sum payable by virtue of an enforceable maintenance order but not duly paid, he shall proceed in accordance with the provisions of Rules 7, 8 and 9 of the Rules of 1975, or of the Rules of 1976 relating to Attachment of Earnings, as appropriate, and those provisions (together with the forms prescribed therein) shall, with the necessary modifications apply in such cases.

(2) Where it appears to a district court clerk that any sums payable to him under an enforceable maintenance order for transmission to the maintenance creditor are in arrears and he has received no request in writing under the said section 7 (7) (b) in relation thereto, he may, in his discretion having given consideration to the extent of the arrears and any other relevant circumstances, take reasonable steps to notify the maintenance creditor of the means of enforcement available in respect of the order.

19. (1) Proceedings by or on behalf of the maintenance creditor brought in the District Court under the Act for the enforcement of an enforceable maintenance order may be brought, heard or determined at any sitting of the Court for the court area in which the maintenance debtor under the enforceable maintenance order resides.

(2) Proceedings brought by the maintenance creditor by virtue of Article 2 (of the 1968 Convention) for the variation of a maintenance order made in a Contracting State other than the State may be brought, heard or determined at any sitting of the Court for the court area in which the maintenance debtor is domiciled.

20. An application to the District Court brought

(i) by virtue of Article 5.2 of the 1968 Convention by a maintenance creditor domiciled or habitually resident in the State against a maintenance debtor domiciled in a Contracting State other than the State for the variation of a maintenance order

(ii) by virtue of Article 2 of the 1968 Convention by a maintenance creditor domiciled in a Contracting State other than the State against a maintenance debtor domiciled in the State for the variation of a maintenance order, or

(iii) by virtue of Article 2 of the 1968 Convention by a maintenance debtor domiciled in a Contracting State other than the State against a maintenance creditor domiciled in the State for the variation or revocation of a maintenance order

shall be preceded by the issue and service on the defendant of a summons in the Form 6 or, as the case may be, a notice thereof in the Form 1 (with any necessary modifications) and, where the defendant is domiciled in a Contracting State other than the State, the provisions of Rules 7 and 8 hereof shall apply. The order of the court granting the application shall be in the Form 7, and a copy of such order shall be sent by registered post or by insured post to each of the parties.

SCHEDULE

ÉIRE

IRELAND

District Court [Jurisdiction of Courts and Enforcement of Judgments

(European Communities) Act, 1988] Rules, 1988

NOTICE OF INSTITUTION OF PROCEEDINGS

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you, the above-named defendant, ordinarily resident at .................................................. by the above-named plaintiff *(ordinarily resident) *(carrying on a profession/business/occupation) at ................................................. in court area and district aforesaid, CLAIMING AS FOLLOWS†

The proceedings have been listed for hearing at the sitting of the District Court to be held at ............................................................ ..... on the day of  19 at a.m./p.m.

IF YOU INTEND TO DEFEND, OR TO BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should complete and sign the first Notice of Intention to Defend attached hereto and send it by prepaid post to the District Court Clerk at ............................................................ ............... as soon as to reach his office not later than four days before the above-named date of hearing. You should also, at the same time, send by prepaid post to the plaintiff or his solicitor the second Notice of Intention to Defend attached hereto.

‡IF YOU FAIL TO RETURN THE NOTICES ATTACHED HERETO, THE COURT MAY PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU.

Dated this day of  19 .

To

of

the above-named defendant.

‡The court may admit as evidence a letter written by you or an affidavit or other document sworn or signed by you.

*Delete words inapplicable.

†State claim as in civil process, summons or other originating document.

_______________detach here________________

NOTICE OF INTENTION TO DEFEND

I, .................................. residing at ............................................................ ............... intend to defend, or to be represented at the hearing of, the proceedings brought against me by .......................................... of............................................................ .................... and which are listed for hearing at the sitting of the District Court to be held at ............................... on the day of  19 at a.m./p.m.

Any further communications regarding these proceedings should be forwarded to me *(at the above residence) *(at ............................................................ ...................................),

Dated this day of  19 .

_______________detach here________________

NOTICE OF INTENTION TO DEFEND

I, .............................. residing at ............................................................ ........................ intend to defend, or to be represented at the hearing of, the proceedings brought against me by ................................................. of ............................................................ ............. and which are listed for hearing at the sitting of the District Court to be held at ............................ on the day of  19 at a.m./p.m.

Any further communications regarding these proceedings should be forwarded to me *(at the above residence) *(at ............................................................ ....................................).

Dated this  day of  19 .

To

of

Plaintiff/Solicitor for Plaintiff.

District Court [ Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ] Rules, 1988

CERTIFICATE THAT COURT HAS JURISDICTION TO HEAR AND DETERMINE CLAIM

I, ............................................................ ......................., do hereby certify that each claim appearing on the civil process or other document instituting the proceedings lodged with this form is one which the Court has power under the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 to hear and determine by virtue of articles(s)*  of the Conventions, and that no proceedings involving the same cause of action are pending between the parties in another Contracting State.

Dated this day of  19 .

(State article(s)* on which jurisdiction is being founded)

District Court [ Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ] Rules, 1988

CERTIFICATE BY DISTRICT COURT CLERK

I, ............................................................ ................................, the district court clerk for the above-named district court area, hereby certify as follows:--

1. that the above-named proceedings were (here state nature of proceedings)

2. that the Court assumed jurisdiction in these proceedings pursuant to the Conventions on the grounds that

3. that the defendant * (appeared) *(did not appear) at the hearing of the proceedings

4. that the defendant *(was represented) *(was not represented) at the hearing

5. that *(notice of appeal against) *(notice to set aside) the Judgment given in the proceedings *(has been entered) *(has not been entered)

6. that the time for lodging an appeal against the Judgment *(expired) *(will expire) on the  day of  19 .

7. that interest at the rate of 11 per cent per annum is payable on the sum of money awarded by the Judgment (exclusive of costs and expenses) from the day of 19 .

Dated this day of  19 .

*Delete words inapplicable.

District Court [Jurisdiction of Courts and Enforcement of Judgments

(European Communities) Act, 1988] Rules, 1988

CERTIFICATE THAT JUDGEMENT IS ENFORCEABLE IN THE

STATE AND HAS BEEN SERVED

I, ............................................................ ............................... the district court clerk for the above-named district court area, do hereby certify as follows:--

1. that the Judgment given in the above-named proceedings at a sitting of the District Court held at ....................................................... on the  day of  19 is enforceable in this State:

2. that on the day of  19 a copy of the said Judgment was served by registered post on the defendant at the following address--

............................................................ ............................................................ ....................................................

............................................................ ............................................................ .....................................................

Dated this day of 19 .

District Court [ Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ] Rules, 1988

NOTICE CONCERNING PAYMENTS UNDER AN

ENFORCEABLE *MAINTENANCE *VARIATION ORDER.

YOU ARE HEREBY GIVEN NOTICE that the sums, particulars of which are set out below, payable by you under a maintenance order *(made) *(as varied) on the   day of   19  by †  and in respect of which an enforcement order has been made by the Master of the High Court, Dublin on the  day of   19  are by virtue of section 7 (7) (a) of the Jurisdiction of Courts and Enforcement of Judgements (European Communities) Act, 1988, payable to the district court clerk for the above-named district court area for transmission to the maintenance creditor.

Payments under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should until further notice be paid to --

The District Court Clerk,

at ............................................................ ............................................................ ......................................................

between the hours of   and   , from Monday to Friday each week.

Dated this   day of   19 

*Delete words inapplicable.

†State Court which made order.

PARTICULARS OF SUMS DUE

(Set out the details)

Total amount due at date of this notice (including any arrears, costs, expenses) £

In addition to this amount you are obliged to pay £   per week in accordance with the order.

To

of

the maintenance debtor,

NOTE

Under section 7 (9) of the above-mentioned Act you are required to notify the above district court clerk of any change in your address. Failure, without reasonable cause, to do so is an offence punishable on summary conviction by a fine not exceeding £500.

District Court [ Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ] Rules, 1988

CERTIFICATE OF ARREARS

I HEREBY CERTIFY that the sums payable to the district court clerk for the above named district court area by the above-named maintenance debtor, now residing at .......................................................... for transmission to the above-named maintenance creditor residing at ...................................................., under a maintenance order *(made) *(as varied) on the  day of   19  by †

and in respect of which an enforcement order was made by the Master of the High Court on the   day of   19  .

*[have not been paid in full, and that there is, according to the best of my information and belief, in arrears the sum of £ being the amount of weekly payments which have become due and payable up to and including the day of    19  (together with the sum of £ for costs and expenses, making in all the total sum of £  )].

*[have been paid in full up to and including the   day of   19 , and that there are no arrears due.]

Dated this  day of   19 .

†State Court which made order.

*Delete whichever is inapplicable.

District Court [ Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ] Rules, 1988

SUMMONS TO *VARY *REVOKE A MAINTENANCE ORDER

YOU ARE HEREBY REQUIRED TO APPEAR at the sitting of the District Court to be held at .................................................. on the   day of    19  at a.m./p.m. upon the hearing of an application by the above-named *(maintenance creditor) *(maintenance debtor) residing at

............................................................ .................................................. *(in court area and district aforesaid) to have the maintenance order which was made on the   day of  19

by †    whereby the above-named maintenance debtor was ordered to pay ‡

* (being an order in respect of which an enforcement order was made on the  day of  19  by the Master of the High Court at Dublin),

*VARIED *REVOKED on the following grounds--

Dated this  day of   19 .

To

of

*(maintenance creditor)

*(maintenance debtor)

*Delete words inapplicable.

†State Court which made order.

‡Give details of the order.

District Court [ Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ] Rules, 1988

ORDER *VARYING *REVOKING A MAINTENANCE ORDER

WHEREAS by maintenance order dated the  day of   19 made by †   * (and in respect of which an enforcement order was made on the day of 19 by the Master of the High Court at Dublin) the above-named maintenance debtor, now residing at .................................... *(in court area and district aforesaid) was ordered to pay to the above-named maintenance creditor, now residing at ............................................. *(in court area and district aforesaid)‡

AND WHEREAS an application was made by summons to this Court today by the *(maintenance creditor) *(maintenance debtor) for an order *varying *revoking the said maintenance order,

AND HAVING HEARD the evidence tendered by or on behalf of the *(maintenance creditor) *(and) *(maintenance debtor).

AND BEING SATISFIED

(1) that the *(summons) *(notice of the institution of these proceedings) was duly served upon the *(maintenance creditor) *(maintenance debtor) residing at ............................................................ ............ ............................................................ . on the  day of  19 .

(2) that the *summons *notice was served in sufficient time to enable the party served to arrange for a defence,

(3) that the *summons *notice included a statement of the substance of the said application,

THE COURT HEREBY ORDERS THAT THE SAID MAINTENANCE ORDER

*BE REVOKED,

*BE VARIED AS FOLLOWS:--

Dated this day of 19 .

*Delete words inapplicable.

†State Court which made order.

‡Give details of the order.

GIVEN this 30th day of June, 1988

OLIVER A. MACKLIN (Chairman)

JOHN P. CLIFFORD

GERARD F. GRIFFIN

JOHN GARAVAN

P.J. BRENNAN

SÉAMUS S. O'CATHASAIGH

I concur in the making of the foregoing Rules.

Dated this 13th day of July, 1988

GERARD COLLINS,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 18 July 1988, regulate the practice and procedure of the District Court under the Jurisdiction of Courts and Enforcement of Judgements (European Communities) Act 1988 which makes provision in relation to the reciprocal recognition and enforcement of judgment in civil and commercial matters as between the State and certain member states of the European Communities.