Apeealing court order Bulgaria
One of the most received question to our law office is the question for legal support for Apeealing court order Bulgaria.
If you have received a court decision or order in Bulgaria and wish to challenge it, the window for action is tight and the procedural requirements strict.
This guide explains how appeals and private appeals work under the Bulgarian Civil Procedure Code and in practice.
You will learn: the types of decisions you can challenge, the correct remedy, the deadlines, the grounds, costs, and a practical checklist to avoid critical mistakes.
1. What kinds of court acts can be appealed?
Court Judgments
A judgment is a final decision on the merits of a case or other statutorily defined outcomes.
Under the CPC (Articles 258-272) you usually have an ordinary appeal to the appellate court. The term is two weeks from service. The appeal reviews facts and law.
Court Orders / Determinations
These are decisions of the court that are not full judgments but affect rights or process (e.g., rejection of evidence, termination of proceedings, security measures).
Many require a private appeal (частна жалба) within one week from service. The grounds are limited and defined by CPC Articles 274-278.
Enforcement‐stage acts
If a court issues an order under Article 407 CPC (writ of execution) you have a two-week remedy to appeal.
If a bailiff or enforcement officer takes action, you can lodge a complaint within one week.
Cassation (for judgments)
If you lost at the appellate court you may bring cassation to the Supreme Court of Cassation (ВКС) under CPC Articles 280-286. The term is one month from service of the appellate decision.
2. Deadlines & Suspensive Effect
| Remedy | Deadline | Automatic Stay? |
|---|---|---|
| Appeal of judgment | 2 weeks from service | No automatic suspensive effect; you may request stay |
| Private appeal of order | 1 week from service | Usually no automatic stay; must request interim protection |
| Cassation | 1 month from service | No automatic stay |
| Order for writ of execution | 2 weeks | Filing alone does not stop enforcement |
| Bailiff action complaint | 1 week | No automatic stop; interim relief must be requested |
3. How to choose the correct remedy
If the act is a judgment on the merits → file an ordinary appeal.
If the act is an order/determination that is either explicitly appealable or effectively blocks further proceedings → file a private appeal.
If you lost at appellate level and there is a broader legal question or conflicting case-law → consider cassation under Article 280 CPC.
If you’re at the enforcement stage (writ of execution or bailiff) → use the specific remedy (appeal under Art 407 or bailiff complaint).
Getting the remedy wrong (e.g., filing an ordinary appeal when only a private appeal was available) will lead to inadmissibility.
4. Grounds for appeal or private appeal
Ordinary appeal
You can challenge:
errors in law (mis-application of legal norm)
procedural breaches (lack of hearing, improper evidence rejection)
manifestly unreasonable fact-finding (though courts are deferential)
Private appeal
Applicable only for specific orders. You must show:
the order is explicitly appealable by statute or blocks further proceedings
you suffer or will suffer prejudice from the order
the remedy is filed within the 1-week term
Cassation (Article 280 CPC)
The current legal grounds for appealing before the Supreme Court include :
the case raises a question of general importance
there exists divergent case-law of the Supreme Court or appellate courts
material breach of special procedural rules (but must pass the admissibility filter)
Missing the admissibility brief is one of the most common grounds for rejection.
5. Costs, Fees and Risk Management
Filing fees depend on the value of the claim, the remedy and the court tariff.
Cassation requires submitting the admissibility brief and may carry higher costs.
Each remedy involves risk: if you appeal or private appeal and lose, you may face costs-shifting or higher expenses.
Evaluate: is the likely gain from the remedy greater than the cost and risk of failure?
6. Common Mistakes & How to Avoid Them
Mis-identifying the act (judgment vs order).
Missing the very short deadline (especially 1 week for private appeal).
Failing to request interim relief or stay when enforcement is ongoing.
Omitting the admissibility memorandum for cassation (Art 280 CPC).
Drafting vague grounds or failing to map to statutory criteria.
7. Checklist for Practitioners
Identify the exact act (judgment, order, enforcement act) and record service date.
Compute the deadline (2 weeks, 1 week, or 1 month).
Select the remedy (ordinary appeal / private appeal / cassation / enforcement complaint).
Draft the notice: include affected parties, grounds, relief sought, request for stay if needed.
Attach supporting documents: power of attorney, fee receipt, copies of lower court act, service sheet.
File and serve: Ensure correct court, delivery to all parties and proof of service.
Monitor: Track case progress, prepare for hearing or bench conference, oppose respondent’s arguments.
Post-decision: If you win, implement outcome. If you lose, evaluate next step (cassation, enforcement strategy).
Appealing a court order (or judgment) in Bulgaria is a high-stakes, time-sensitive procedure.
You must identify the correct remedy, respect the strict deadlines, frame your grounds precisely, and prepare for enforcement risk. With the checklist above you’re equipped to act.