Sea Pollution (Hazardous Substances) (Compensation) Act 2005

Final judgment to be recognised and enforceable in State.

17

17.—(1) A final judgment shall be recognised and enforceable in the State.

(2) An application for the enforcement of a final judgment shall be made to the High Court.

(3) For the purposes of this Act a judgment shall be deemed to be a final judgment where—

( a) the time within which, under the law of the State Party concerned, an appeal against the judgment may be brought has expired and no such appeal has been brought,

( b) under the law of the State Party concerned there is no provision for an appeal from such judgment,

( c) an appeal against the judgment has been withdrawn, or

( d) the judgment has been affirmed on appeal by the convention court hearing such appeal, and

(i) the time within which, under the law of the State Party concerned, an appeal against the decision to so affirm has expired and no such appeal has been brought,

(ii) under the law of the State Party concerned there is no provision for an appeal from the decision to so affirm, or

(iii) an appeal against the decision to so affirm has been withdrawn.

(4) This section shall not apply to a judgment of a court of a Member State (other than a court or tribunal of a territory of a Member State to which the Council Regulation does not apply).