Recognition of Foreign Judgments in Bulgaria

Articles 621 to 623 of the Civil Procedure Code, Articles 117 to 124 of the Private International Law Code and the EU Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters 1215/2012 are the main laws that apply in terms of recognition of foreign judgements in Bulgaria.

Below, our lawyers in Bulgaria explain the principles under which such rulings are recognized and enforced. We also offer support if you have such an order and want to have it acknowledged here.

Types of procedures for the recognition of foreign judgments in Bulgaria

There are two ways of obtaining the recognition of foreign judgments with a Bulgarian court:

1. direct recognition,
2. recognition through a court order.

The first procedure is covered by the EU legislation, which states that an order issued in any EU member country is recognized in all others without any special procedure. As an example, this is often the case in debt collection cases where the small claims procedure applies.

The second way is more complex and provides for the interested party to file a petition with a Bulgarian court to have the judgement issued in another country recognized.

Please note that for the recognition of foreign decisions, specific documents must be submitted to the court. Our Bulgarian attorneys can help you prepare these papers to ensure the correct submission of the application.

A party in need of the recognition and enforcement of a judgment set by a foreign court, named FCJ, must apply to the Sofia City Court (SCC). This also applies to cases where the jurisdiction of the foreign court was chosen by the parties and mentioned in a contract.

The Sofia City Court does not review the merits of the dispute, but does recognize the FCJ. However, the Sofia City Court recognizes the judgment only if special conditions are fulfilled.

When doesn’t the Sofia City Court recognize a foreign judgment?

The Sofia City Court does not require reciprocity (Art. 117 of the Private International Law Code lists no such condition); it refuses recognition only for lack of jurisdiction, breach of the right of defence, a conflicting Bulgarian judgment or earlier proceedings, or public policy. Bilateral treaties may further simplify recognition, e.g. treaties between Bulgaria and the respective jurisdiction regarding the recognition and enforcement set by the courts in the relevant country that issued the judgment.

When a bilateral treaty is signed between Bulgaria and another jurisdiction, then mutuality is established. The Ministry of Justice in Bulgaria has made a list that contains 50 jurisdictions known to have mutual agreements with Bulgaria. The respective 50 jurisdictions have different types of mutuality agreements, such as formal mutuality established by treaty or mutuality in practice, also known as factually mutuality. The Bulgarian courts are not bound by the list, as it is only instructive.

Documents required to have a foreign decision recognized in Bulgaria

The petition to have a foreign judgment recognized in Bulgaria must be filed with:

• a district court, if following EU Regulations;
• the Sofia City Court, if other laws or international treaties apply.

The accompanying document in the case of an EU enforceable judgment is a certified copy of the foreign decision and its translation. It is not necessary for the decision to be legalized, according to Article 621 of the Bulgarian Civil Procedure Code.

When it comes to the foreign judgment submitted with the Sofia City Court, it must be filed in a certified and legalized form.

If the procedure is completed correctly, the Bulgarian court will issue an official recognition act that will have the same legal effect as the original document.

Our law firm in Bulgaria is at your disposal if you want to file a petition for the recognition of a foreign judgment issued abroad. You can grant us a power of attorney for representation in this case.

Problems regarding the recognition of the foreign judgment

The proof of mutuality lies in the responsibility of the party that requested the recognition and enforcement of an FCJ, as mutuality must be established depending on each case. However, proof is not easily found and as the reciprocity is very difficult to define, the certainty of the outcome is hard to predict.

If the FCJ is not in accordance with the Bulgarian public policy or morality, as well as if the FCJ issued a judgment in regards to a dispute over property rights related to a real estate in Bulgaria, then the Sofia City Court is not responsible for the recognition of the foreign judgment.

In case the foreign judgment was set by an Italian court, according to the Civil Procedure Code, solving a dispute cannot be subject to the Italian foreign courts if the beneficiary has the right of extraterritoriality and has initiated the case or if the case refers to companies owned by such persons and are registered in Bulgaria.

Italy, like Bulgaria, is an EU Member State, so Italian judgments are recognised under Regulation (EU) No 1215/2012, which supersedes the bilateral treaty regarding the recognition and enforcement of foreign judgment.

The judicial system in Bulgaria

If you want to file a petition to have a foreign judgment recognized in Bulgaria, here is how the judicial system is organized according to the European Justice Portal:

• There are 113 district courts;
• There are also 28 provincial and 28 administrative courts;
• Bulgaria has 5 courts of appeal.

For more information on the recognition of foreign judgments in Bulgaria, our Bulgarian lawyers can answer all the questions you have. Contact our law firm in Bulgaria to receive help in any legal activity.