🇧🇬 Bulgaria

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

Under Bulgarian law, it is not possible to initiate court proceedings digitally. Applications are submitted in writing to a court registry and should be written in Bulgarian. Applications may be sent through the post but not by fax or email. 8 The only provision made by the CPC for online procedural action is the attachment of a debtor's claims on a bank account in enforcement proceedings (Article 450a of the CPC). This action is carried out by a bailiff. 9 However, Bulgaria recently amended its Judiciary Act (????? ?? ????????? ?????), providing for an Information System for Judicial Enforcement (Article 360y of the Judiciary Act). This information system is a single electronic database through which bailiffs across Bulgaria upload in a unified order and format data from their registers and diaries on the actions taken in enforcement cases. This data is uploaded daily. This makes judicial enforcement more transparent, fast and efficient. Registered users (in Bulgaria and abroad) are able to access the system. Access to the information system by State bodies, local self-government and local administration bodies and persons entrusted with the exercise of a public function is free of charge (Paragraph 4 of Article 360y of the Judiciary Act). On the basis of the data contained in the information system, the Ministry of Justice provides electronic administrative services for making inquiries on the movement of enforcement cases electronically to persons who have legal grounds for access to the information. The services are requested through the electronic portal of the Ministry of Justice. For the provision of the services, the Ministry of Justice levies fees in amounts determined by a tariff of the Council of Ministers (Paragraph 5 of Article 360y of the Judiciary Act).

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

(a) under EOP Regulation

The application to issue a European order for payment is submitted to the district court at the permanent address of the debtor, at his seat or at the place of performance. If the possibility of considering the case by way of claim is not excluded, the defendant may, at the latest when submitting their objection, m?k? ?n ?????l f?r l???l ?ur??d??t??n (Article 625 of the CPC). General territorial jurisdiction is determined by Article 105 of the CPC. The claim must be filed with the court, located in the same region as the defendant's permanent address or registered seat.

(b) under EEO Regulation

The certificate under the EEO Regulation is issued upon a written application from the party by the first-instance court, which has heard the lawsuit or in whose region the public document has been issued (Article 619 of the CPC).

3. rules on service

For both EOP and EEO Regulation

Under Article 38 of the Code of Civil Procedure (CPC), service is primarily effected at the address indicated in the proceedings, with the possibility for parties to opt for service by e-mail. Consent to electronic service may be withdrawn at any time, without affecting the validity of actions already carried out. Where service cannot be effected at the indicated address or by e-mail, documents are served at the party's current or, failing that, permanent address. Article 38a CPC provides that parties who carry out procedural acts electronically must supply an e- mail address for notifications and may consent to receive court documents electronically, either for specific proceedings or generally. Use of the single e-Justice portal implies consent to electronic service at all jurisdictional levels, subject to the right to withdraw consent. Pursuant to Article 41a CPC, electronic service by e-mail is deemed effective on the day the communication is received or collected by the addressee. If the message is not collected within seven days, service is deemed effected on the day following the expiry of that period. Certain categories of addressees are subject to mandatory electronic service. Financial and credit institutions, utilities, insurers, notaries, private bailiffs, government bodies and municipalities must be served exclusively by e-mail under Article 38(2) CPC. Lawyers are served either through the single e-Justice portal or at their office.

4. Language of the certificate and documents to be appended

Under EOP and EEO Regulation

In court proceedings, applications must be made in Bulgarian and submitted to the court in writing (Article 4 of the CPC). The CPC stipulates that all documents the parties submit in foreign languages must be accompanied by translations in Bulgarian, which have been certified by the parties. If the court is unable to verify the accuracy of the translation itself or if the accuracy of the translation is challenged, it appoints an expert to verify it (Article 185 of the CPC).

5. enforcement fees

a) Under EOP Regulation

Chapter III of the CPC governs court fees. Pursuant to the Bulgarian Schedule of state fees charged by courts under the CPC (hereinafter, "the Schedule"), court fees in Bulgaria are 4% of the value of the claim, with a minimum of BGN 50. Court fees are paid by bank transfer. The fees are paid before the proceedings begin or the required actions are performed (Article 76 of the CPC). The parties can pay the fees electronically. Where the application for protection and assistance has been performed electronically under Article 102(f) of the CPC via the single e-Justice portal, there is a 15% reduction in the State fee due. If consent to service in this way is withdrawn, the person liable for payment pays the difference within 7 days to cover the full amount of the State fee due (Article 73(4) of the CPC). (4) Costs for the losing party Article 78 of the CPC governs the award of costs. The fees paid by the claimant (including expenses for proceedings and remuneration for one attorney if the party had one) must be paid by the defendant in proportion to the awarded amount of the claim. The defendant also has the right to claim paid expenses in proportion to the denied part of the claim. The defendant is also entitled to expenses if the lawsuit is terminated.

b) Under EEO Regulation There are no special provisions. General rules, outlined in Chapter III of the CPC, govern court fees. Pursuant to the Schedule, court fees in Bulgaria are 4% of the value of the claim, with a minimum of BGN 50. Court fees are paid by bank transfer. The fees are paid before the proceedings begin or the required actions are performed (Article 76 of the CPC). The parties can pay the fees electronically. Where the application for protection and assistance has been performed electronically under Article 102(f) of the CPC via the single e-Justice portal, there is a 15% reduction in the State fee due. If consent to service in this way is withdrawn, the person liable for payment pays the difference within 7 days to cover the full amount of the State fee due (Article 73(4) of the CPC). (4) Costs for the losing party Article 78 of the CPC governs the award of costs. The fees paid by the claimant (including expenses for proceedings and remuneration for one attorney if the party had one) must be paid by the defendant in proportion to the awarded amount of the claim. The defendant also has the right to claim paid expenses in proportion to the denied part of the claim. The defendant is also entitled to expenses if the lawsuit is terminated. If the claim paid by the party for remuneration of an attorney is excessively high, with respect to the actual legal and factual difficulty of the case, the court may, upon request of the opposite party, award a smaller amount, but not less than the minimum amount (as per Article 36 of the Bulgarian Attorney law).

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

(a) under EOP Regulation AND (b) under EEO Regulation The CPC does not specifically regulate the stay or limitation of enforcement procedures within the meaning of Article 23 of the EOP and EEO Regulations, as it does with the ESCP Regulation. (Pertinent only for ESCP: Pursuant to paragraph 4 of Article 624 of the CPC the stay or limitation of the enforcement is ruled by the court of the pending procedure, and where the disposition has entered into force - by the court of first instance.) The general national procedural rules for the stay of enforcement procedures are laid down in Article 420 of the CPC. Generally, an objection to an enforcement order does not stay enforcement except when the debtor provides proper security for the creditor (paragraph 1 of Article 420 of the CPC). Pursuant to paragraph 2 of Article 420 of the CPC, the court which ordered immediate enforcement (see Articles 418 and 419 of the CPC), may stay it without the need for the security referred to in par. 1 where a request for a stay is made, supported by documentary evidence that:

1. the claim is not due;

2. the claim is based on an unfair term in a contract concluded with a consumer;

3. the amount of the claim under a contract with a consumer has been incorrectly calculated.

The order to stay the enforcement procedure can be appealed, however, it is immediately enforceable, irrespective of any appeal (paragraphs 3 and 4 of Article 420 of the CPC). Where the appeal relates only to a part of the claim, the court stays enforcement only for the relevant part of the claim (paragraph 2 of Article 421 of the CPC).

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

a) under EOP Regulation and EEO Regulation

According to Articles 22 and 23 of the Bulgarian Legal Aid Act, parties can also apply for legal aid in civil cases if they fulfil certain (financial) conditions.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

The first problem with the enforcement of EOP and EEO in Bulgaria is the language barrier. The legislation that deals with enforcement (namely, the CPC) is only available in Bulgarian which complicates the enforcement procedure for foreigners. While some information on enforcement can be found on the EU's E-Justice portal, there is not enough information on enforcement procedures to guide a foreign party through the enforcement process. Furthermore, the entire enforcement procedure is conducted in Bulgarian. Thus, the applicant cannot submit the Forms from the EOP and EEO Regulations in any other language. Thus, a party wishing to enforce a judgment in Bulgaria might have to engage a lawyer. Consequently, the costs of enforcement will increase for the party, making it less likely that they will decide to pursue enforcement at all. The second problem with the enforcement in Bulgaria is the lack of digitalisation. While there is an information system set up according to Article 360 of the Judiciary Act, only registered users are able to access the system. Furthermore, private individuals have to pay to access the system which hinders access to justice. Thus, enforcement of EOP and EEO is difficult, especially for foreigners who do not speak Bulgarian and do not reside in Bulgaria. It would be beneficial to set up a way of enforcing judgements digitally with the option of the procedure being conducted in other languages (at least in English). This would significantly simplify the enforcement procedure of EOP and EEO and lower its costs. However, even just producing a comprehensive guide on EOP/EEO enforcement that would include an official translation of the relevant parts of the legislation would go a long way toward simplifying the procedure for foreigners.