• Recognition Of and Admission to Enforcement of Judgments and Judicial Acts Subject To Operation of Community Law and Of Non-Community Law
  • June 7, 2010
  • Law Firm: Ilieva Voutcheva Co. Law Firm - Sofia Office
  • The execution of European Community judgments and acts, and European Enforcement Order and the judgments and acts of the courts and authorities that are not part of the Community law in Bulgaria are subject to two different procedures.

     

    Recognition of Judgments Promulgated by the Court of the EU member state and European Enforcement Orders and Admission to Enforcement in Bulgaria

     

    Judgments under civil and commercial cases promulgated by a state court of an EU member state are recognized by the Bulgarian court on the grounds of EU Regulation 44/2001.

     

    Regulation 44/2001 does not apply for judgments promulgated by an arbitration courts, judgments related to insolvency proceedings, or proceedings related to property relations resulting from heritage or matrimonial relationships. The Regulation does not apply for tax, social security, customs or administrative proceedings.

     

    In case that the claim of the claimant is uncontested EU Regulation 805/ 2004 shall apply. Uncontested claims are: claims recognized or not challenged by the defendant, those closed by a court agreement approved by the court, or the UK court has issued an act in compliance with the Payment Procedures. The application of Regulation 805/ 2004 is limited as Regulation 44/2001 and in addition applies only for monetary receivables.

     

    In case that the court of EU member state has issued European Enforcement Order EU Regulation 1896/ 2006 shall apply. The application of Regulation 1896/ 2006 is limited in the same way as the Regulation 805/ 2004 and in addition does not apply for such monetary receivables which are resulting from out-of-agreement relations unless the exceptions of Article 2 of the Regulation does not apply.

     

    For the recognition of the judgments/acts under Regulation 44/2001 and Regulation 805/ 2004 and their execution certain documents must to be presented to the Bulgarian court, such as: formal application to the court, act to be subject to recognition, other certificates, etc.

     

     

    The court order recognising the judgment/act shall set also time limit for appeal by the person against whom enforcement is sought as well as will contain statement on the interim and precautionary measures if any have been sought.

     

    The European Enforcement Order does not require an explicit recognition of the Bulgarian court. The latter issues a Writ of Execution on the grounds of the European Enforcement Order and some accompanying documents as required by Bulgaria law.

     

    The Ruling of the Bulgarian court for issuance of a Writ of Execution might be appealed. The appeal does not stop the enforcement.

    After recognition of the judgment/act and the issuance of a Writ of Execution an execution case should be opened before a bailiff for collection of the receivables.

     

     

    Recognition of an Act as to ruling of Temporary Protective Measures Issued by a Court of EU member state and Admission for Execution in Bulgaria

     

    In case that during the legal proceedings the court of EU member state admits temporary protective measures under  the claim in the form of injunctions or other liens to be imposed over defendant’s assets located on the territory of another member state these may be enforced in Bulgaria following rather similar recognition procedure as already stated above.

     

    After recognition of the act the Bulgarian court will issue a Determination as to execution of the act which should be presented to a Bulgarian bailiff who to start a security case and to put charges.

     

     

    Recognition of Judgments/Acts Promulgated by the Court/ Authority of a non EU member state and Admission for Execution in Bulgaria

     

    The procedure for recognition of judgments/acts promulgated by the court/ authority of a non EU member state and admission for execution in Bulgaria is performed as per the provisions of the Bulgarian Private International Law Code, unless there is a signed agreement for recognition and admission of foreign judgments/acts between Bulgaria and the respective state, or another international act where Bulgaria is a party to.

     

    Judgments/acts of foreign courts and other bodies shall be recognized and admitted for execution if certain legal conditions are observed, including but not limited to protection of public interests and policy, valid jurisdiction of the foreign court, duly summoning of the parties, valid and recognizable act, etc.

     

    The recognition is performed by the court or authority (municipalities, ministries, agencies, etc.) depending on the kind of acts and which authority in Bulgaria should register the respective civil effects of the foreign judgment/act. Recognition and enforcement of foreign court judgments/acts is performed by the Sofia City Court.

     

    In addition the following foreign judgments/ acts are recognized and admitted for executions as well: some the court settlements, and last but not least foreign authentic documents which certify a claim enforceable in the state in which the document was issued.

     

    Disclaimer

     

    The article above is intended for information purposes only. It should not be construed as (binding) legal advice.  For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm attorneys at law.

     

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    Elisaveta Georgieva, Attorney-at law

    Senior Associate

     

    Ilieva, Voutcheva & Co Law Firm