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The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.
The District Court has jurisdiction to give judgment in the European Small Claims Procedure and all applications should be made to the Registrar for the relevant District Court. The addresses and contact details of District Courts can be found at:
http://www.courts.ie/offices.nsf/WebCOByJurisdiction?OpenView&Start=1&Count=30&Expand=5#5
Standard means of communication are post and email
Practical assistance in filling in the forms and general information on the scope of application of the European Small Claims Procedure, as well as general information as to which courts or tribunals in Ireland are competent to give a judgment in the European Small Claims Procedure can be provided to parties by the staff of relevant court offices.
These issues are covered by Rules of Court which provide that –
None
The European Small Claims Procedure application fee is €25, the rate which applies to an application under the domestic small claims procedure. A counterclaim is also €25. As indicated in (a) above, European small claims procedure applications should be made to the Registrar for the relevant District Court who will advise the claimant of the arrangements for making that payment. The contact details are as in (a) above.
An appeal other than an appeal against dismissal under Article 4.4 may be lodged with the relevant Circuit Court within 14 days of the decision being given. The addresses and contact details of Circuit Courts can be found at
http://www.courts.ie/offices.nsf/WebCOByJurisdiction?OpenView&Start=1&Count=30&Expand=4#4
Relevant Rules of Court provide that
“(1) A respondent against whom judgment by default has been given in a European Small Claim in accordance with the provisions of this Order may apply by notice of motion to the Court in the Court area in which the order was obtained for an order to set aside and/or vary the said order on any of the grounds specified in Article 18(1) of the EU Regulation.
(2) The notice of motion must be served on the claimant or solicitor for the claimant, if any, within ten clear days from the date on which the giving of the default judgment came to the knowledge of the respondent.
(3) Service of the notice of motion does not operate as a stay of proceedings.
(4) The Court may declare sufficient the service of the notice of motion actually effected.
(5) The notice of motion must set out clearly and briefly the grounds specified in Article 18(1) of the EU Regulation relied on by the party applying.
(6) The Court may, on the hearing of the motion, grant or refuse the application on the basis of the provisions of Article 18(1) of the EU Regulation.
(7) Where the Court rejects the review on the basis that none of the grounds referred to in Article 18(1) of the EU Regulation applies, the judgment remains in force.
(8) Where the Court decides that the review is justified for one of the reasons laid down in Article 18(1) of the EU Regulation, then the judgment given in the European Small Claims Procedure must be set aside and is null and void.”
English and Irish
An application for enforcement should be made by the creditor to the relevant County Registrar/Sheriff through the associated Circuit Court. The relevant District Court is competent to deal with applications for refusal, stay or limitation of enforcement
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.