Recognition of foreign judgments
Most of the clients asking for legal support in Recognition and Enforcement of Foreign Judgments
In today’s globalized legal landscape, cross-border litigation has become increasingly common.
A pivotal aspect of such cases is the recognition and enforcement of foreign judgments.
In Bulgaria, this process is governed by a combination of domestic legislation and international treaties, ensuring that foreign judgments are acknowledged and enforced under specific conditions.
The legal Framework
1. EU Judgments
For judgments originating from EU Member States, Bulgaria adheres to Regulation (EU) No 1215/2012, commonly known as the Brussels Ibis Regulation.
This regulation facilitates the automatic recognition and enforcement of civil and commercial judgments across EU countries, eliminating the need for a separate exequatur procedure.
2. Non-EU Judgments
Judgments from non-EU countries are subject to the provisions of the Bulgarian Code of Private International Law (CPIL).
Specifically, Articles 117 to 124 outline the criteria and procedures for recognizing and enforcing such judgments.
Conditions for Recognition and Enforcement
According to Article 117 of the CPIL, a foreign judgment can be recognized and enforced in Bulgaria if the following conditions are met:
- Jurisdiction: The foreign court must have had jurisdiction under Bulgarian law.
- Proper Service: The defendant must have been duly served with the claim and had an opportunity to present their case.
- Finality: The judgment must be final and binding in the country of origin.
- No Conflicting Bulgarian Judgment: There should be no existing Bulgarian judgment between the same parties on the same matter.
- No Pending Bulgarian Proceedings: No ongoing proceedings in Bulgaria should involve the same parties and subject matter.
- Public Policy: The judgment must not contravene Bulgarian public policy.
The legal steps
1. Application Submission
An interested party must submit an application to the Sofia City Court for recognition and enforcement. The application should include:
- A certified copy of the foreign judgment.
- A certificate confirming the judgment’s finality, issued by the originating court.
- Evidence of proper service to the defendant.
- A translation of the documents into Bulgarian, certified by a sworn translator.
2. Court Examination
The Sofia City Court will examine the application to ensure compliance with the conditions outlined in Article 117 of the CPIL.
The court does not reassess the merits of the case but focuses on procedural and jurisdictional aspects.
3. Issuance of Enforcement Order
If the court recognizes the foreign judgment, it will issue an enforcement order.
This order allows the creditor to initiate enforcement proceedings through a bailiff in Bulgaria.
Appeals and Objections
The debtor has the right to appeal the court’s decision within two weeks of notification.
However, objections are limited to procedural grounds and cannot challenge the substance of the original judgment.
Special Considerations
1. Reciprocity Principle
Bulgaria may require evidence of reciprocity, meaning the foreign country would recognize Bulgarian judgments under similar circumstances.
2. International Treaties
Bulgaria is a party to several international treaties that may influence the recognition and enforcement process, such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
Recognizing and enforcing foreign judgments in Bulgaria involves a structured legal process aimed at balancing international cooperation with national legal principles.
By adhering to the outlined procedures and ensuring all conditions are met, foreign judgments can be effectively enforced within the Bulgarian legal system.
For further information or assistance, consulting with a legal professional experienced in international private law is advisable.
