Return to LCD Hompepage   Return to What's New

 

RSC ORDER 114

REFERENCES TO THE EUROPEAN COURT

  Contents of this Order
 
INTERPRETATION   Rule 1
MAKING OF ORDER   Rule 2
SCHEDULE TO ORDER TO SET OUT REQUEST FOR RULING   Rule 3
STAY OF PROCEEDINGS PENDING RULING   Rule 4
TRANSMISSION OF ORDER TO THE EUROPEAN COURT   Rule 5
APPEALS FROM ORDERS MADE BY HIGH COURT   Rule 6

INTERPRETATION


Rule 1   
In this order -

‘the court’ means the court by which an order is made and includes the Court of Appeal;

‘the European Court’ means the Court of Justice of the European Communities; and

‘order’ means an order referring a question to the European Court for a preliminary ruling under article 177 of the Treaty establishing the European Community, article 150 of the Treaty establishing the European Atomic Energy Community or article 41 of the Treaty establishing the European Coal and Steel Community or for a ruling on the interpretation of any of the Brussels Conventions (within the meaning of section 1(1) of the Civil Jurisdiction and Judgments Act 1982(106) or any of the instruments referred to in section 1 of the Contracts (Applicable Law) Act 1990(107).

Back to top of page

MAKING OF ORDER


Rule 2   
(1)
An order may be made by the court of its own initiative at any stage in proceedings, or on application by a party before or at the trial or hearing thereof.
(2)
Where an application is made before the trial or hearing, it shall be made in accordance with CPR Part 23.
(3)
In the High Court no order shall be made except by a judge in person.

Back to top of page

SCHEDULE TO ORDER TO SET OUT REQUEST FOR RULING


Rule 3   
An order shall set out in a schedule the request for the preliminary ruling of the European Court, and the court may give directions as to the manner and form in which the schedule is to be prepared.

Back to top of page

STAY OF PROCEEDINGS PENDING RULING


Rule 4   
The proceedings in which an order is made shall, unless the court otherwise orders, be stayed until the European Court has given a preliminary ruling on the question referred to it.

Back to top of page

TRANSMISSION OF ORDER TO THE EUROPEAN COURT


Rule 5   
When an order has been made, the Senior Master shall send a copy thereof to the Registrar of the European Court; but in the case of an order made by the High Court, he shall not do so, unless the court otherwise orders, until the time for appealing against the order has expired or, if an appeal is entered within that time, until the appeal has been determined or otherwise disposed of.

Back to top of page

APPEALS FROM ORDERS MADE BY HIGH COURT


Rule 6   
On an appeal to the Court of Appeal from an order made by the High Court an appellant’s notice must be filed at the Court of Appeal within 14 days after the date the order was made.

Back to top of page


FOOTNOTES
106
1982 c.27. Back to footnote citation
107
1990 c.36. Back to footnote citation

Back to top of page