Form 40E - Certificate Referred To In Articles 54 And 58 Of The Lugano Convention On Jurisdiction And The Recognition And Enforcement Of Judgments In Civil And Commercial Matters On Judgments And Court Settlements
Form 40E is a certificate form used to facilitate the enforcement of Irish court judgments in other Lugano Convention countries. It provides official documentation confirming that an Irish judgment meets the requirements for recognition and enforcement abroad.
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Form 40E - Certificate Referred To In Articles 54 And 58 Of The Lugano Convention On Jurisdiction And The Recognition And Enforcement Of Judgments In Civil And Commercial Matters On Judgments And Court Settlements
Form 40E is a certificate form used to facilitate the enforcement of Irish court judgments in other Lugano Convention countries. It provides official documentation confirming that an Irish judgment meets the requirements for recognition and enforcement abroad.
Risk Radar
- Always verify that the judgment meets all Lugano Convention requirements before requesting certification.
- Incomplete judgment details on the certificate
- Failure to verify Lugano Convention requirements before submission
- Incorrect information about the parties involved in the original case
- Missing signatures or court seals required for certification
Plain English
This form helps Irish courts provide the necessary paperwork for enforcing court decisions in European countries that have signed the Lugano Convention. It's like giving a judgment a passport to be recognized and enforced across borders.
Submission Date
- There is typically no strict deadline for obtaining the certificate, but it should be requested as soon as enforcement abroad is planned. The certificate must be obtained before initiating enforcement proceedings in the foreign jurisdiction.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • Use this form when seeking to enforce an Irish judgment in another Lugano Convention country
- • Required when a foreign court needs certification of an Irish judgment under Article 54
- • Necessary when responding to a request for recognition under Article 58
- • Appropriate for both monetary judgments and court settlements
- • Not for use with family law or criminal matters
- • Required for enforcement proceedings in EU member states (except Denmark)
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Enforcing Irish judgment in non-Lugano country | Form FL40 | Different international agreement required | Check if Hague Convention applies |
| Family law judgment enforcement | Form FL40 | Different legal framework for family matters | Consult family law procedures |
| Enforcing foreign judgment in Ireland | Form FL40 | Different process for incoming judgments | Verify correct form for originating country |
| Criminal judgment enforcement | Form FL40 | Not applicable for criminal matters | Contact appropriate authorities for criminal enforcement |
| Small claims enforcement | Form FL40 | May have simplified procedures | Check if small claims process applies |
Deadline or filing window
There is typically no strict deadline for obtaining the certificate, but it should be requested as soon as enforcement abroad is planned. The certificate must be obtained before initiating enforcement proceedings in the foreign jurisdiction.
Before you submit
- • Verify all judgment details are accurate and complete
- • Confirm the judgment is final and enforceable in Ireland
- • Check that all parties to the judgment are correctly identified
- • Ensure the Lugano Convention applies to both jurisdictions involved
- • Verify the correct version of Form 40E is being used
- • Confirm all required signatures and court seals are included
- • Check that the form has been properly witnessed if required
- • Verify any translation requirements for the foreign jurisdiction
- • Ensure payment of any required fees has been made
How to file this form
- 1Obtain the original judgment or settlement document
- 2Complete Form 40E with all required information about the judgment
- 3Submit the form to the Irish court that issued the judgment
- 4Wait for the court to certify the form with official seal and signature
- 5Submit the certified form to the foreign court where enforcement is sought
- 6Keep a copy of the certified form for your records
Known limitations
- • The form only applies to civil and commercial matters, not family or criminal cases
- • Enforcement is subject to the specific laws of the foreign jurisdiction
- • Some countries may have additional requirements beyond the Lugano Convention
- • The certificate does not guarantee enforcement, only that requirements are met
- • Time limits for enforcement may vary between jurisdictions
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The form remains valid under the current Lugano Convention, though Brexit has affected the UK's participation. No recent changes to the form have been confirmed, but always check the Courts Service website for the latest version.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify the form matches the current Lugano Convention requirements
- • Check if Brexit affects enforcement in the UK jurisdiction
- • Ensure all references to EU member states are current
- • Confirm the form includes any updated contact information for the Courts Service
- • Check if digital submission options are now available
- • Verify if any procedural changes have been implemented post-Brexit
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 19/02/26
Downloads
Form 40E - Certificate Referred To In Articles 54 And 58 Of The Lugano Convention On Jurisdiction And The Recognition And Enforcement Of Judgments In Civil And Commercial Matters On Judgments And Court Settlements
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After you file
- • Keep track of the enforcement proceedings in the foreign jurisdiction
- • Maintain copies of all submitted documents and correspondence
- • Be prepared to provide additional information if requested by the foreign court
- • Monitor for any appeals or challenges to the enforcement
- • Follow up if enforcement does not proceed within expected timeframes
Source and verification log
- • Form issued by the Courts Service of Ireland
- • Related to Articles 54 and 58 of the Lugano Convention
- • Used for enforcement of judgments and court settlements
- • Applies to civil and commercial matters only
- • Not confirmed in official source: Current processing times
- • Not confirmed in official source: Specific fee amounts
- • Not confirmed in official source: Digital submission options
- • Not confirmed in official source: Recent updates to the form
Common confusion points
8 things to watch for
- 1
Confusing this form with other international enforcement procedures
- 2
Assuming the certificate guarantees enforcement in all Lugano Convention countries
- 3
Not checking if additional documentation is required by the specific foreign jurisdiction
- 4
Failing to distinguish between monetary judgments and non-monetary orders
- 5
Assuming the process is the same for all foreign jurisdictions
- 6
Not understanding that Lugano Convention applies differently to EU member states post-Brexit
- 7
Mistaking this form for applications to enforce judgments in non-convention countries
- 8
Assuming family law judgments can be enforced using this procedure
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