S.I. No. 2/1985 - District Court (Air Navigation (Eurocontrol) Acts, 1963 To 1983) Rules, 1984.

S.I. No. 2 of 1985.

DISTRICT COURT (AIR NAVIGATION (EUROCONTROL) ACTS, 1963 to 1983) RULES, 1984.

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 (Air Navigation (Eurocontrol) Acts, 1963 to 1983) Rules, 1984.

2. These Rules shall come into operation on the 1st day of February, 1985, 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 Air Navigation (Eurocontrol) Act, 1983 (No. 38 of 1983);

"the Organisation" has the meaning assigned to it in section 2 of the Air Navigation (Eurocontrol) Act, 1963 .

4. Proceedings for the recovery of any sum due to the Organisation in respect of air navigation facilities and services provided by that body, or by any other person, shall be brought, heard and determined before any sitting of the Court for the transaction of civil business for the district court area, or in the case of the Dublin Metropolitan District, the district

( a ) wherein the defendant's residence or, as the case may be, his registered office, is located, or

( b ) if his residence or, as the case may be, his registered office is not located in the State, wherein the defendant has a place of business, or

( c ) if his residence or, as the case may be, his registered office is not located, or he has no place of business in the State, wherein he has assets, or

( d ) if his residence or, as the case may be, his registered office is not located, or he has no place of business or assets in the State, wherein the Organisation, for the time being has its headquarters.

5. Such proceedings shall be instituted by the issue of a civil process for a debt or liquidated money demand, and the provisions of the District Court (Summary Judgment) Rules, 1963 ( S.I. No. 213 of 1963 ) shall apply thereto.

6. A party seeking a certified copy of an order for the purposes of section 9 of the Act shall complete and lodge with the district court clerk the decree in duplicate, together with an affidavit of debt where appropriate. When it has been signed by the Justice the original decree shall be retained by the district court clerk, who shall certify and issue the copy.

7. When requested under section 9 of the Act the district court clerk shall issue a certified copy of the original civil process showing the statutory declaration of service thereon.

8. When so requested the district court clerk shall issue, pursuant to section 9(c) of the Act, a certificate in the Form 1 in the schedule hereto.

SCHEDULE.

Rule 8	Form 1
AN CHUIRT DUICHE	THE DISTRICT COURT

AIR NAVIGATION (EUROCONTROL) ACT, 1983

Section 9(c)

CERTIFICATE

District Court Area of	District No.
	Plaintiff
of
	Defendant
of

Pursuant to section 9(c) of the above Act I hereby certify as follows:

(i) that the nature of these proceedings was a claim by the plaintiff to recover against the defendant the sum of £ for (give details of claim as in the civil process),

(ii) that the defendant's residence/registered office/place of business is located,

(or that the defendant has assets) in the State at

in said court area and district,

(iii) that the time for lodging a notice of appeal against the Court order will expire/has expired on the day of 19 ,

(iv) that notice of appeal/notice to set aside has/has not been received,

(v) that (if the debt exceeds £150) interest at the rate of 11% per annum is payable on the debt only (exclusive of costs and expenses) from the day of 19 ,

Dated this

day of

19,

Signed
	District Court Clerk.

GIVEN this 30th day of November, 1984.

T. F. DONNELLY,

Chairman.

M. CYRIL MAGUIRE,

WILLIAM A. TORMEY,

JOHN P. CLIFFORD,

GERARD A. LEE,

SEAN McMULLIN,

SEAMUS Ó CATHASAIGH.

I concur in the making of the foregoing Rules.

Dated this 2nd day of January, 1985.

MICHAEL NOONAN,

Minister for Justice.

EXPLANATORY NOTE.

These rules, which come into operation on 1st February, 1985, regulate the practice and procedure of the District Court in relation to the recovery of any sum due in respect of air navigation facilities and services provided under the Air Navigation (Eurocontrol) Acts, 1963 to 1983.