Saving: Regulation (EC) No 805/2004 - European Enforcement Orders applied for before exit day
16.—(1) Regulation (EC) No 805/2004 continues to apply as if it had not been revoked by these Regulations with the modifications set out in paragraph (2) in relation to a case where—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.