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Regulation (EC) No 805/2004 continues to apply as if it had not been revoked by these Regulations with the modifications set out in paragraph (2) in relation to a case where—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.