PART 5Saving Provisions
Saving: Regulation (EC) No 805/2004 - European Enforcement Orders applied for before exit day16
1
Regulation (EC) No 805/2004 continues to apply as if it had not been revoked by these Regulations with the modifications set out in paragraph (2) in relation to a case where—
a
one or more of the following has occurred—
i
a judgment has been given before exit day;
ii
a court settlement has been approved or concluded before exit day;
iii
an authentic instrument has been drawn up or registered before exit day;
b
the application for certification as a European Enforcement Order is made before exit day; and
c
enforcement of the certified judgment, court settlement, or authentic instrument is being sought in the United Kingdom.
2
Those modifications are that Regulation (EC) No 805/2004 is to be read as if—
a
the term “Member State” included the United Kingdom;
b
Article 29 (information on enforcement procedures and authorities) were omitted;
c
Article 30 (information relating to redress procedures, languages and authorities) were omitted;
d
Article 31 (amendments to the Annexes) were omitted;
e
Article 32 (committee) were omitted.
3
In this regulation—
a
“authentic instrument” means—
i
a document which has been formally drawn up or registered as an authentic instrument, and the authenticity of which—
aa
relates to the signature and the content of the instrument; and
bb
has been established by a public authority or other authority empowered for that purpose by the member State in which it originates; or
ii
an arrangement relating to maintenance obligations concluded with administrative authorities or authenticated by them;
b
“judgment” means any judgment given by a court or tribunal of a member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.