The European Communities (Enforcement of Community Judgments) (Amendment) Order 1998

Explanatory Note

(This note is not part of the Order)

The European Communities (Enforcement of Community Judgments) Order (S.I. 1972/1590) (“the Community Judgments Order”), made under section 2(2) of the European Communities Act 1972, provides for the registration and enforcement in the United Kingdom of certain decisions, judgments and orders of Community institutions which Member States are required to make enforceable in accordance with national law.

This Order amends the Community Judgments Order to provide for the registration and enforcement as Community judgments of awards of costs made by the Office of Harmonisation in the Internal Market (“OHIM”). OHIM is an institution of the Community established to administer the Community trade mark pursuant to Council Regulation (EC) No. 40/94 of 20 December 1993 on the Community trade mark (OJ L11, 14.1.94, p.1). Under Article 82 of that Regulation, a decision of OHIM fixing an award of costs is enforceable and enforcement is governed by the rules of civil procedure in the Member State where it is to be carried out.