A Bulgarian company can bring proceedings before an Italian court
A Bulgarian company that has not been paid for goods or services may consider applying for an Italian order for payment (decreto ingiuntivo). The creditor’s registered office abroad does not prevent it from using this procedure. However, the Italian courts must have jurisdiction, the application must be made to the competent court and the procedural requirements must be met: for a payment claim, the debt must be for a specified amount, due and supported by written evidence.
The assessment starts with the underlying commercial relationship, rather than the overdue invoice alone. Agreements, performance, payments and disputes must be reconstructed, and limitation periods and previous steps must also be checked. This guide concerns business-to-business transactions; claims against consumers or parties subject to insolvency proceedings require a separate assessment.
Jurisdiction, the competent court and applicable law require separate assessments
For civil and commercial disputes within the scope of the Brussels I bis Regulation, No 1215/2012, the defendant’s domicile is the general basis for jurisdiction. However, the place of delivery of the goods or provision of the services, jurisdiction agreements and any arbitration clauses must also be checked. The client’s nationality, an Italian bank account or the lawyer’s office does not, by itself, determine where proceedings should be brought.
Once Italian jurisdiction has been established, Article 637 of the Italian Code of Civil Procedure refers to the court competent to hear the claim in ordinary proceedings: the appropriate court must therefore be identified by reference to territory, subject matter and claim value. The law governing the contract is determined separately under the relevant rules, including the Rome I Regulation. An Italian court may have to apply foreign law, which also affects the assessment of the debt and the available remedies.
Invoices, orders and deliveries must substantiate the same debt
The case file should link each amount claimed to the goods or services that justify it. It should include the contract and accepted terms, orders and confirmations, invoices, transport and delivery documents, acceptance records, activity reports and correspondence. For services, it is particularly useful to document what the client requested, what was performed and what was delivered.
A statement should separate principal, due dates, payments on account, credit notes and the interest claimed. The lawyer must also receive any objections raised: defects, delays, returns or set-off claims may affect both the claim and the choice of procedure. Documents sufficient for the initial order for payment stage may not provide all the evidence needed if the debtor challenges the order.
A Bulgarian invoice and an Italian electronic invoice are not automatically equivalent
Article 634 of the Italian Code of Civil Procedure, as amended by Legislative Decree No 164/2024, expressly recognises electronic invoices transmitted through the Sistema di interscambio (SdI) as suitable written evidence for the claims covered by that provision. A PDF sent by email or an invoice issued in Bulgaria does not automatically benefit from this specific provision.
This does not rule out bringing a claim: the document must be assessed alongside the other evidence and any accounting records that may be used. A new case brought in 2026 is assessed under the rules currently in force; for proceedings already under way, the transitional rules must be checked. Subject to exceptions, the 2024 decree links its amendments to proceedings commenced after 28 February 2023.
Company representation, powers of attorney and translations
Before filing, the Bulgarian company’s name, identification number and representatives must be checked against up-to-date corporate documents. If joint representation is required or the signatory acts under delegated authority, their powers must be documented. The power of attorney appointing the lawyer must be prepared in a form usable in Italian proceedings, taking account of where it is signed, authentication requirements and the necessary supporting documents.
The translations needed for the case file should be agreed for contracts, correspondence and corporate documents in Bulgarian. Not every foreign-language exhibit automatically requires a sworn translation: the form and need for a translation must be assessed according to the document, its use in the proceedings and any directions from the court, which may appoint a translator under Article 123 of the Italian Code of Civil Procedure.
Italian order for payment or European order for payment
The national Italian order for payment procedure is governed by Articles 633 et seq. of the Italian Code of Civil Procedure. The European order for payment, governed by Regulation No 1896/2006, is a separate, form-based procedure for cross-border monetary claims within its scope. It does not become compulsory simply because the creditor is Bulgarian and the debtor Italian.
The choice takes account of jurisdiction, documents, foreseeable objections and the location of assets. In the European order for payment procedure, opposition may lead to the case continuing under the applicable procedure or to its termination, depending on the options available and the creditor’s request. In the Italian procedure, preparations should also cover defending the claim in any subsequent proceedings challenging the order. Neither route guarantees immediate payment.
From the court order to recovery: service, assets and costs
Once the order has been obtained, it must be served and its enforceability checked. Provisional enforceability requires specific conditions; it does not follow automatically from failure to pay an invoice. Deadlines and subsequent steps are determined by the order and the actual service dates. The time limit for challenging the order must not be confused with the overall time needed for recovery.
A favourable enforceable instrument does not ensure that funds or assets are available for enforcement. Before incurring further costs, it is advisable to assess information about the debtor, security, ongoing proceedings and whether the enforcement work is proportionate to the debt. The fee estimate should distinguish the initial assessment, application, any proceedings challenging the order and enforcement, as well as court fees, service and translations. Costs awarded by the court may differ from those incurred, and their recovery also depends on the debtor’s financial position.
Sources and references
- European e-Justice Portal — Italian order for payment procedure, country information updated on 28 September 2026
Requirements, competent court, opposition and enforceability in the national procedure.
- EUR-Lex — Brussels I bis Regulation No 1215/2012
Jurisdiction rules, jurisdiction agreements and temporal scope; Articles 4, 7, 25 and 66, also checked against the current consolidated version.
- EUR-Lex — Rome I Regulation No 593/2008
Determining the law applicable to the contract, separately from the choice of court.
- Gazzetta Ufficiale — Legislative Decree 164/2024, Article 3
Amendment to Article 634 of the Italian Code of Civil Procedure on electronic invoices transmitted through SdI, and the updated text of Article 123 of the Code in the notes.
- Gazzetta Ufficiale — Legislative Decree 164/2024, Article 7
Transitional rules for the procedural amendments.
- European e-Justice Portal — European order for payment
Differences from national procedures, forms and the effects of opposition in the European procedure.
- European e-Justice Portal — Bulgarian business register
Checking company details and representation through the competent register.