Enforcing a Bulgarian judgment in Italy: from judgment to attachment

Before taking action, identify the enforceable instrument and the objective

When a judgment obtained in Bulgaria must be enforced against assets in Italy, this step should be organised with a complete case file and reliable information about the debtor. A company's Italian registered office, the existence of a property or a commercial relationship with an Italian business may help direct enquiries, but none is sufficient on its own to determine the appropriate form of enforcement.

For judgments falling within Regulation (EU) No 1215/2012 that are enforceable in Bulgaria, no prior Italian declaration of enforceability is required. The subject matter and the date on which proceedings were instituted must be checked: as a general rule, the regime applies to proceedings instituted on or after 10 January 2015. It is not enough for a judgment to be recent, and not every decision issued by a Bulgarian court necessarily follows this procedure.

Check the file before arranging translations

The Bulgarian lawyer and the Italian contact should jointly check whether the documents identify the debtor, the obligation and the outstanding debt. An orderly file reduces requests for additional material and helps distinguish documents required for the procedure from those useful only for understanding the background.

• A complete copy of the judgment satisfying the conditions necessary to establish its authenticity, together with the Article 53 certificate issued by the authority of origin.
• Information on enforceability and any appeals, stays or subsequent decisions.
• Records of service, the parties' contact details and a power of attorney appropriate to the activities to be undertaken in Italy.
• An updated calculation of principal, ancillary amounts, costs and payments, together with available information on the debtor's assets and legal or commercial relationships.

Prepare service of documents and the formal payment demand

Italian law governs the enforcement stage, subject to the European Regulation. The ordinary procedure requires service of the enforceable instrument and the formal payment demand (precetto) under Articles 479 and 480 of the Code of Civil Procedure, subject to applicable exceptions. The precetto requires compliance within a period of no less than ten days, unless the authorisation provided for in Article 482 is granted.

These steps must be coordinated with service of the European certificate under Article 43. The file must show what was served, on whom, when and with what outcome. If a document must be transmitted across borders, the method of service requires specific assessment; ordinary correspondence between law firms does not replace the formalities owed to the recipient.

The period stated in the precetto is not the overall duration of enforcement. It defines one stage of the procedure; asset searches, subsequent formalities, challenges and any liquidation of assets may affect the process. Timing must be assessed for the individual case, without automatic forecasts.

Choose the action to take against the assets identified

For monetary claims, attachment of assets or claims held by third parties, seizure of movable property or attachment of immovable property may be considered, depending on the available information and the statutory conditions. The procedure falls within the jurisdiction of the ordinary courts and involves the enforcement judge and the bailiff, according to the steps required.

The choice should take account of the amount of the claim, the extent and value of the assets, possible encumbrances and costs. It is useful to report voluntary payments, previous agreements, action by other creditors and any known insolvency issues at the outset. These factors may alter priorities and the value of proceeding: a valid enforceable instrument does not mean that funds are immediately available for collection.

Coordinating lawyers in the two countries

A clearly defined engagement specifies the activities entrusted in Italy, the contact responsible for communications and the decisions to be discussed with the client. It is advisable to distinguish between obtaining documents in Bulgaria, translations, service, enforcement and handling any objections. The fee estimate should reflect this scope and explain how additional activities will be assessed.

The lawyer advising the client can prepare a brief chronology and a document schedule, while the Italian contact checks the local formalities. Agreed updates and prompt notification of receipts help avoid demands for amounts no longer due. Any settlement proposal should be assessed against the realistic prospects of the procedure and formalised before abandoning steps already planned.

Frequently asked questions

Must the judgment always be translated in full? There is no blanket requirement: the conditions in Articles 42 and 43 apply, distinguishing translation of the certificate, the needs of the enforcement authority and the debtor's language rights. The appropriate language must be checked for the recipient and the competent office.

Does the Italian court reconsider the dispute? The Regulation prohibits review of the substance of the judgment, but provides grounds and procedures for refusal of enforcement. Challenges to enforcement, stays and decisions in the State of origin must therefore be considered both before and during the work.

What information should be provided with an initial enquiry? The Bulgarian authority, the subject matter, the date proceedings began, the obligation to be enforced and any known assets or relationships in Italy. The contact for work in Italy is Avv. Andrea De Amicis. The first message can be limited to a summary; confidential documents will be requested after the Firm responds.