Direct enforcement under Regulation (EU) No 1215/2012 is governed by Article 622a of the Code of Civil Procedure:
‘Article 622a (new, State Gazette No 50/2015) (1) A judgment given in another Member State of the European Union shall be enforceable without the need for a writ of execution.
(2) The bailiff shall carry out enforcement, at the request of the party concerned, on the basis of a copy of the judgment from another Member State of the European Union, authenticated by the court which issued it, and a certificate issued pursuant to Article 53 of Regulation (EU) No 1215/2012.
(3) Where the bailiff establishes that the measure or order cannot be enforced under the conditions and in accordance with this Code, he shall order substitute enforcement.
(4) A judgment given in another European Union Member State ordering a provisional, including a precautionary, measure shall be enforceable in accordance with paragraphs 1 and 2. Where the measure was ordered without the defendant being summoned to appear, proof of service of the judgment shall be submitted.
(5) When carrying out enforcement, the bailiff shall serve a copy of the certificate referred to in paragraph 2, inviting the debtor to comply voluntarily. The certificate shall be accompanied by a copy of the judgment given in another Member State of the European Union if it has not been served on the debtor.
(6) The debtor may, within one month of service, lodge an application for refusal of enforcement. Where a translation of the judgment is necessary, the time limit shall be suspended until it is provided to the debtor.
(7) Either party may appeal against the adaptation of the measure or order referred to in Article 436.’
For matters relating to the enforcement proceedings not governed by Regulation (EU) No 1215/2012, the general rules of Part Five ‘Enforcement Procedure’ of the Code of Civil Procedure apply.
The application under Article 36(2) or under Article 45(4) is filed with the provincial court with jurisdiction over the opposing party’s permanent or registered address or, if that party has no permanent or registered address in Bulgaria, over the permanent or registered address of the party concerned. If the party concerned does not have a permanent address or registered address in Bulgaria either, the application is to be made to the Sofia City Court. (Article 622 of the Code of Civil Procedure)
The application under Article 47(1) must be submitted to the provincial court with jurisdiction over the permanent address or registered address of the debtor, or over the place of enforcement. (Article 622b of the Code of Civil Procedure)
- in Bulgaria, the Sofia Court of Appeal (‘Софийски апелативен съд’). The appeal is submitted via the provincial court that issued the decision refusing enforcement or the decision finding that there are no grounds for refusal of recognition,
Further appeals against decisions of the Sofia Court of Appeal are to be lodged with the Supreme Court of Cassation. (Article 623(6) of the Code of Civil Procedure).
The Bulgarian courts and other authorities have international jurisdiction when the plaintiff or applicant is a Bulgarian national or a legal person registered in the Republic of Bulgaria (Article 4(1)(2) of the Code of International Private Law).
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