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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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.
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
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| General business registration | CRO forms (e.g., Form A1) | For company setup and basic compliance | Check the Companies Registration Office portal first. |
| Tax obligation proof | Revenue Online Service (ROS) documents | For tax filing or VAT purposes | Do not use this form; consult ROS guidance. |
| Will execution/Probate | Specific Probate Forms | These deal with estates, not court judgment enforcement | Ensure you are dealing with a deceased person's assets. |
| Criminal conviction proof | Garda Síochána records or specific Court Certificates | For matters of criminal record checking | This form is for civil judgment enforcement. |
The timing for submission is dictated by the specific procedural rules governing the enforcement of judgments, not a fixed annual deadline.
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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.
Agency: Courts Service of Ireland
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Form 40 - Certificate Pursuant To S. 12(B) Jurisdiction Of Courts And Enforcement Of Judgments (European Communities Act, 1998
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4 things to watch for
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.
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