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Form 40A - Certificate Concerning A Judgement In Civil And Commercial Matters - Article 53 Of Regulation (Eu) No 1215/2012 Of The European Parliament And Of The Council On Jurisdiction And The Recognition And Enforcement Of Judgments In Civil & Commercial

Form 40A is a certificate issued by the Courts Service of Ireland confirming a civil or commercial judgment for purposes of the EU Regulation on jurisdiction and enforcement. It is used when the judgment needs to be recognised or enforced in another EU Member State.

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Form Overview

Courts Service of Ireland - Form 40A - Certificate Concerning A Judgement In Civil And Commercial Matters - Article 53 Of Regulation (Eu) No 1215/2012 Of The European Parliament And Of The Council On Jurisdiction And The Recognition And Enforcement Of Judgments In Civil & Commercial

Form 40A is a certificate issued by the Courts Service of Ireland confirming a civil or commercial judgment for purposes of the EU Regulation on jurisdiction and enforcement. It is used when the judgment needs to be recognised or enforced in another EU Member State.

The form records the court, parties, judgment details and a declaration that the judgment is final and enforceable.

Risk Radar

Scan points
  • 1Leaving the declaration unsigned will invalidate the certificate.
  • 2Missing signature on the declaration
  • 3Incorrect or incomplete court details
  • 4Using an outdated version of the form
  • 5Sending the form to the wrong department

Plain English

If you have a Irish court judgment and want it to be enforced abroad, you fill out this certificate. It tells the foreign court that the Irish judgment is valid under EU law.

Submission Date

  • Filing date: There is no fixed statutory deadline, but the certificate should be filed promptly after the judgment becomes final to avoid unnecessary delays in cross‑border enforcement.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

foreignfinalcourtvalid

Hover a term to preview the meaning.

What this form is for

  • When a civil or commercial judgment from an Irish court must be recognised in another EU Member State.
  • When the other jurisdiction requires a certificate under Article 53 of Regulation 1215/2012.
  • When the judgment is final and enforceable in Ireland.
  • When parties need official proof of Irish jurisdiction for cross‑border enforcement.
  • When a foreign court has specifically requested Form 40A.

Form selector

Use this form or another form?

Enforcement within Ireland

Not needed for EU enforcement

✓ Confirm enforcement is domestic

Form 40 (domestic)

Criminal conviction enforcement

Different legal framework

✓ Use criminal certificate if required

Not applicable

Recognition of foreign judgment in Ireland

Opposite direction

✓ Verify foreign judgment meets Irish criteria

Form 40B (foreign judgment)

Deadline or filing window

There is no fixed statutory deadline, but the certificate should be filed promptly after the judgment becomes final to avoid unnecessary delays in cross‑border enforcement.

Before you submit

  1. 1Verify the judgment is final and not under appeal.
  2. 2Attach a certified copy of the judgment.
  3. 3Provide full names and addresses of all parties.
  4. 4Sign the certificate in the designated field.
  5. 5Include proof of fee payment.
  6. 6Use the correct paper size and orientation.
  7. 7Apply the official court seal.
  8. 8Check the address of the foreign authority.
  9. 9Confirm language requirements for translation.
  10. 10Keep a copy of the completed form.

How to file this form

  1. 1Gather the final judgment and any supporting documents.
  2. 2Complete Form 40A with accurate party details.
  3. 3Attach the judgment copy and fee receipt.
  4. 4Submit the form to the Courts Service (post or e‑filing).
  5. 5Await issuance of the certified certificate.
  6. 6Receive the certificate and verify its contents.
  7. 7Forward the certificate to the foreign court or authority.

Known limitations

  1. 1Only for civil and commercial judgments.
  2. 2Applicable only for enforcement in EU Member States.
  3. 3Cannot be used while the judgment is under appeal.
  4. 4Requires the judgment to be final and enforceable.
  5. 5A fee is payable; amount not confirmed in official source.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

Form 40A is currently in use. No recent amendments reported.

What changed or needs a fresh check

  • Check the version date on the first page.
  • Confirm any amendment to Article 53 wording.
  • Verify whether electronic filing is now accepted.
  • Ensure the fee amount matches the latest schedule.
  • Confirm the required court seal format.

Form Preview

Form 40A - Certificate Concerning A Judgement In Civil And Commercial Matters - Article 53 Of Regulation (Eu) No 1215/2012 Of The European Parliament And Of The Council On Jurisdiction And The Recognition And Enforcement Of Judgments In Civil & Commercial page 1

Page 1

Form 40A - Certificate Concerning A Judgement In Civil And Commercial Matters - Article 53 Of Regulation (Eu) No 1215/2012 Of The European Parliament And Of The Council On Jurisdiction And The Recognition And Enforcement Of Judgments In Civil & Commercial page 2

Page 2

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Quick Facts

The party seeking enforcement of the Irish judgment, usually the judgment creditor, must complete the form.
The form records the court, parties, judgment details and a declaration that the judgment is final and enforceable.
Submit the certificate once the judgment is final and before you start enforcement proceedings in the other EU country.
Send the completed form to the Central Office of the Courts Service, either by post or through the Courts Service’s electronic filing portal if available.
Accurate completion is required for the foreign court to recognise the judgment; errors can cause delays or rejection of the enforcement request.
1. Gather the final judgment and any certified copies. 2. Fill in the court name, case number, parties and judgment date on Form 40A. 3. Sign the declaration and attach the certified judgment copy. 4. Submit the package to the Central Office by post or upload it via the Courts Service portal, keeping a copy for your records.

Form Details

Revision date
19/02/26

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Sources

  • SRCForm title matches official listing: confirmed.
  • SRCIssuing agency is Courts Service of Ireland: confirmed.
  • SRCRegulation reference (EU 1215/2012 Article 53): confirmed.
  • SRCPurpose as certificate for EU recognition/enforcement: confirmed.
  • SRCFee amount: not confirmed in official source.
  • SRCElectronic submission option: not confirmed in official source.
  • SRCRequired supporting documents list: not confirmed in official source.
  • SRCExact wording of instructions: not confirmed in official source.

Common confusion points

Mixing up Form 40A with the domestic Form 40.

Assuming the certificate is issued automatically.

Submitting before the judgment is final.

Forgetting to provide a translation if required.

Using an outdated fee amount.

Sending the form to the wrong court office.

Leaving required fields blank.

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Source transparency

Copyright & Licensing — Irish Government Forms

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