European Enforcement Order (EEO)
A JUDGE has given controversial Luxembourg landlord Marc Godart nine days to pay more than €13,000 in damages to two former Dublin tenants.
Judge Marie Quirke heard today that the “substance of the matter has been resolved” after the two former ex-renters launched enforcement, and their compensation went unpaid for a year and seven months.
In February last year, Dublin District Court directed the businessman to comply with an earlier Residential Tenancies Board (RTB) ruling that Diana Jere and Andre Buchanan were entitled to €13,563 damages.
The RTB had given its findings in December 2022 over their “unlawful eviction” from a rented property on Emmet Street, Dublin 1.
Mr Godart, who has significant property holdings in Ireland, was allegedly the landlord.
His former tenants launched enforcement proceedings at Dublin District Court to secure an order to compel him to pay.
Their counsel, Liam Bell BL, said today that he understood from the respondent’s lawyer, Darragh Haugh BL, that “The matter is not going to trouble the court, and I am looking for a short adjournment until next week if that’s available.”
Mr Haugh said that the case would then only be mentioned for “small house-keeping matters,” adding that “the substance of the matter has been resolved.”
He then clarified that “it will be resolved” and that a week was needed.
Judge Marie Quirke granted an adjournment until July 18. Mr Godart was not in court for the proceedings.
In June, Judge Quirke granted an order, actionable in the rest of the EU, to force him to pay Ms Jere and Mr Buchanan.The two ex-tenants had successfully applied to Judge Quirke for a European Enforcement Order (EEO) against Mr Godart of Rue de Hesperange L-5830, Alzingen, Luxembourg.
It is a method of enforcing foreign judgments within the European Union without the need for intermediate proceedings, and it applies only to uncontested claims.
Outlining the background, counsel said Mr Godart did not appear when the RTB initially granted the uncontested order for compensation under section 124 of the Residential Tenancies Act.
Judge Quirke also heard Godart has not appealed the order.
The applicants sought the EU enforcement mechanism based on an affidavit furnished to the judge.
Last month, Ms Lizet Peña-Herrera, another former tenant, received compensation from Green Label Short Lets, a property company directed by Mr Godart.
The Bolivian psychologist, who has lived in Ireland since 2008, won an order in the District Court for payment of an RTB award, which was adjudicated in December 2022.
The RTB had ordered green Label Short Lets to pay €15,433 to her because of her illegal eviction from a house on Vintage Court, Cork Street, Dublin 8.
However, the award went unpaid until she eventually took a case in the High Court.
Green Label Short Lets Ltd remain subject to further enforcement proceedings this month.
This action was taken by five individuals who had rented rooms at a property in Fairview, Dublin.
They are seeking an order to comply with an RTB ruling last August, which ordered the company to pay them combined damages of around €54,000.
Also last month, in a Dublin City Council (DCC) prosecution before Dublin District Court, Green Label Short Lets avoided a criminal conviction over a former commercial building in Dublin that broke fire safety laws after being repurposed for residential lettings.
The court heard that the Beaver Street property was converted but lacked a range of vital fire safety measures, including an alarm system and viable escape routes. The firm pleaded guilty to an offence contrary to the Fire Services Act.
The case was struck out after it donated €500 to charity and paid €3,884 toward the council’s legal costs.
In February, Mr Godart had another prosecution dropped for “egregious” breaches of planning laws with unauthorised Airbnb lettings in Dublin.
However, two firms he directs, including Green Label Short Lets Ltd, accepted responsibility; they were fined €7,500 and agreed to pay “substantial” legal costs.
DCC also brought those proceedings before Dublin District Court.
That case stemmed from complaints about unauthorised short-term lettings booked through the Airbnb website at three properties in Dublin 1: 11 Capel Street, Block G, The Foundry, Beaver St, and Unit 2A, The Forge, Railway Street.
A council inspector detected the offences after surveying the building between June 4 and 6 last year. His findings were opened in court and revealed that some bedrooms were windowless and others were in former shopfronts.
Several tourists from Ireland, mainland Europe, and North America had used them for one to seven days.
By the time that hearing concluded, work had already taken place or was about to start to bring the short-term lettings in line with regulations.
Ref : Irish Independent.
