Official form guide
Form 40 - Certificate Pursuant To S. 12(B) Jurisdiction Of Courts And Enforcement Of Judgments (European Communities Act, 1998
This form is a Certificate issued by the Courts Service relating to jurisdiction and the enforcement of judgments under the European Communities Act, 1998. It confirms legal standing regarding court decisions enforceable within Ireland.
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Form Overview
Courts Service of Ireland - Form 40 - Certificate Pursuant To S. 12(B) Jurisdiction Of Courts And Enforcement Of Judgments (European Communities Act, 1998
This form is a Certificate issued by the Courts Service relating to jurisdiction and the enforcement of judgments under the European Communities Act, 1998. It confirms legal standing regarding court decisions enforceable within Ireland.
Risk Radar
Scan points- 1Verify that the underlying foreign judgment is properly authenticated before filing this certificate.
- 2Incorrect citation of the original court judgment details
- 3Failure to include all required supporting documentation
- 4Misunderstanding the scope of the European Communities Act, 1998 provisions
- 5Not obtaining local legal counsel for procedural guidance
Plain English
This document deals with making sure that a court judgment can be legally enforced in Ireland. It relates specifically to how certain international or EU-related rulings apply locally. You use it when you need official confirmation of your right to enforce a judgment.
Submission Date
- Filing date: The timing for submission is dictated by the specific procedural rules governing the enforcement of judgments, not a fixed annual deadline.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- * You require formal confirmation of a judgment's jurisdiction for enforcement.
- * The matter involves judgments derived under the scope of the European Communities Act, 1998.
- * Use this when confirming legal standing across different jurisdictions within Ireland.
- * This is specific to enforcing court judgments, not general civil claims.
Form selector
Use this form or another form?
General business registration
For company setup and basic compliance
✓ Check the Companies Registration Office portal first.
Tax obligation proof
For tax filing or VAT purposes
✓ Do not use this form; consult ROS guidance.
Revenue Online Service (ROS) documents
Will execution/Probate
These deal with estates, not court judgment enforcement
✓ Ensure you are dealing with a deceased person's assets.
Criminal conviction proof
For matters of criminal record checking
✓ This form is for civil judgment enforcement.
Garda Síochána records or specific Court Certificates
Deadline or filing window
The timing for submission is dictated by the specific procedural rules governing the enforcement of judgments, not a fixed annual deadline.
Before you submit
- 1Attach certified copies of the original judgment documents.
- 2Ensure all parties named in the judgment match the details on this application.
- 3Verify that the required fee payment method (e.g., online portal, physical cheque) is prepared.
- 4Confirm the applicant has the legal capacity to apply for the certificate.
- 5Review the form thoroughly to ensure no section is left blank if information is mandatory.
How to file this form
- 1Complete all sections of Form 40 using clear, legible handwriting or digital input.
- 2Gather and attach certified copies of all underlying court judgments.
- 3Submit the completed package via the designated Courts Service filing method (e.g., specific counter or online portal).
- 4Keep a physical copy of the submitted form and the receipt number for your records.
- 5Follow up on expected processing times directly with the relevant court office.
Known limitations
- 1This certificate only confirms jurisdiction; it does not enforce payment itself.
- 2The scope is strictly limited to judgments under the European Communities Act, 1998.
- 3Failure to comply with current Courts Service procedures may invalidate the submission.
- 4Not confirmed in official source: The form cannot guarantee successful enforcement of the judgment.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->This certificate relates to specific legal provisions concerning cross-border judgments under Irish law. Users should check the Courts Service of Ireland website for the most current guidance on filing Form 40.
What changed or needs a fresh check
- Check the effective date and relevant legislation cited (European Communities Act, 1998).
- Verify if any procedural amendments have been made by the Courts Service recently.
- Ensure all required supporting documentation (original judgments) are included with the current form version.
- Confirm the specific court or jurisdiction issuing the certificate is correctly identified.
Quick Facts
Form Details
- Revision date
- 19/02/26
Downloads & source
Sources
- SRCAgency: Courts Service of Ireland
- SRCForm Name: Form 40 - Certificate Pursuant To S. 12(B)
- SRCLegislation Basis: European Communities Act, 1998
- SRCFunction: Confirms jurisdiction and enforcement rights for judgments.
Common confusion points
Confusing this certificate with a Writ of Summons (which starts a case).
Assuming the form grants the right to sue; it only confirms existing jurisdiction.
Believing that simply submitting the form guarantees immediate issuance.
Mistaking the scope—it applies only to judgments under the specified Act.
Source transparency
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