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Recognition of an EU Court Decision in Ireland

Recognition of an EU Court Decision in Ireland

The primary source of the law in Ireland is its Constitution, however, as an EU member state, Ireland also recognizes and enforces regulations imposed at the level of the Union. There are also cases in which EU regulations and decisions can overrule the local laws imposed here.

The same principle applies when it comes to the recognition and enforcement of EU court decisions by Irish courts, no matter if a criminal or a civil law case is in the subject. EU decisions are also recognized by Irish courts including in debt collection cases.

If you find yourself in a difficult situation related to debt recovery, our debt collection lawyers in Ireland can assist you. We can also help you have EU court decisions recognized and enforced by Irish courts.

EU regulations in Ireland

One of the most important changes introduced in the Irish legislation upon its membership to the European Union referred, at the time, to the integration of EU regulations and laws in the national constitution. Also, in certain situations, where EU courts of justice have competence, the decisions made by Irish courts can subordinate those made by the EU courts.

These regulations also apply in debt collection in Ireland, which is one of the civil law matters to undergo several changes in the benefit of creditors.

With a vast knowledge in the legislation in this sense, our Irish debt collection lawyers can offer more information on these changes. We can also help with the debt collection procedure, no matter if is completed in an amicable manner or through legal proceedings.

The main laws on the recognition of EU court rulings in Ireland

Ireland is one of the most important and prolific economies in the EU at the moment, thanks to a large number of foreign investors doing business here. However, debt collection cases are also often met, some of them targeting foreign citizens or companies in Ireland. In such cases, EU court and foreign court decisions can be recognized in by the Irish court following one or more of the following laws, regulations and international conventions:

  1. the Regulation (EC) No. 805/2004, the European Enforcement Order which provides for the recognition of court decisions related to small amounts of money recorded as debt;
  2. the Regulation (EC) No. 861/2007 created the European Small Claims Procedure which provides for the recovery of the amount of money no higher than 2,000 euros;
  3. the Lugano Convention on the jurisdiction and the recognition of civil and commercial judgments;
  4. the Jurisdiction of Courts and Enforcement of Judgments Act in Ireland which was first issued in 1988 and amended in 2012;
  5. the Irish Common Law which provides for the recognition and enforcement of EU and non-EU court orders.

Our lawyers in Ireland can guide both local and foreign citizens and companies seeking to have EU court decisions related to debt collection recognized and enforced by Irish courts.

Requirements for having an EU court decision recognized in Ireland

There are several requirements which need to be respected when having an EU court decision recognized by an Irish court. Among them, certain documents must be filed with the competent Irish court recognizing the decision. The list of documents must include:

  • an authenticated copy of the EU judgment (it must also be translated into English if it was issued in another language);
  • the authenticated translation of the EU court decision must also be filed with the Irish court;
  • the certificate issued by the EU court issuing the judgment (this certificate usually comes in a standard form);
  • a declaration of the claimant where the amount of money to be recovered must be mentioned;
  • other documents could be required based on the case and the decision to be enforced by the Irish court.

There also a few requirements which need to be respected for the EU court decision to be enforced. Among these, the judgment must be definitive, it must be final and conclusive to the case and the court issuing it must have competence in that respective matter. This also applies in debt collection cases in Ireland.

You can also appeal to the services of debt collection agencies in Ireland for the first stage of the recovery of a debt in this country, however, specialized help is advised in case of international debt collection.

Irish courts recognizing EU court decisions

It is important to note that not all Irish courts can recognize and enforce EU court decisions. Depending on the amount of money in the debt collection cases, the Irish High Court can recognize and enforce most of the EU court decisions, however, judgments issued for lower amounts of money can be recognized by lower courts.

If you need assistance in having an EU court decision recognized in Ireland, please contact our debt collection lawyers.