Enforcing an Italian judgment in Bulgaria: documents and steps to prepare

The judgment is the starting point

A favourable judgment obtained in Italy may require action in Bulgaria when the debtor or the assets against which enforcement is sought are located there. The first practical question concerns the available enforceable instrument and what it actually permits: payment, delivery, recovery of possession or another obligation. Knowing the amount stated in the operative part is not enough; subsequent payments, interest and conditions affecting enforcement must also be established.

Under Regulation (EU) No 1215/2012, a judgment enforceable in Italy can be enforced in Bulgaria without a prior declaration of enforceability. However, the matter must fall within the Regulation's civil and commercial scope and satisfy its temporal conditions: in particular, proceedings must have been instituted on or after 10 January 2015; the date of the judgment alone is not decisive. Excluded matters, such as insolvency, arbitration, maintenance and succession, require a different legal assessment.

The file to prepare with the Italian lawyer

It is useful to prepare a concise, legible file rather than sending only the operative part or partial photographs. Each document should be identified by its date, issuing authority and purpose. Before commissioning translations, it is advisable to agree which documents are actually needed, in what format and for which recipient.

• A complete copy of the judgment satisfying the conditions necessary to establish its authenticity, together with the Article 53 certificate issued by the court of origin.
• Evidence of service already carried out, current identification details for the parties and known contact details.
• A breakdown of principal, interest, awarded costs and amounts already received.
• Information on appeals or stays, available powers of attorney and lawfully obtained documents relating to assets.

Where to submit the application in Bulgaria

Enforcement is carried out by state or private bailiffs. Under the Brussels I bis procedure, Article 622a of the Bulgarian Code of Civil Procedure allows enforcement to begin at the request of the interested party, with a copy of the judgment authenticated by the court that issued it and the European certificate. The issue of an additional Bulgarian writ of execution should therefore not be presented as invariably necessary.

The local contact identifies the competent bailiff and prepares the application according to the action requested. Measures against assets depend on the information available, limits on their susceptibility to enforcement and the applicable procedure. A bank account, a property or a shareholding calls for different enquiries; merely identifying an asset does not establish that the debt can be recovered.

Service and translations must be coordinated

The certificate must be served before enforcement begins, accompanied by the judgment if it has not already been served. Article 43 lays down specific rules and an exception for protective measures. The enforcement authority may require a translation of the certificate; under Article 42, it may require a translation of the judgment where it cannot proceed without one. The debtor's right to a translation in the cases covered by Article 43 is a separate matter.

Planning must therefore take account of documents already received by the debtor, the language and the method of communication. Translating the entire file indiscriminately may create unnecessary costs; omitting a required translation may instead impede the work. These checks should precede the choice of translator and the commencement of service.

Assess the action and update the debt calculation

Cooperation between the two firms should clarify who requests the certificate, who checks the calculations and who reports payments received. It is useful to agree on a single debt statement, updated after each receipt, and a channel for promptly sharing subsequent decisions. Additional work should be assessed against the objective, foreseeable costs and available asset information.

A settlement proposal may also be considered while the file is being prepared. Amounts, deadlines, guarantees and the consequences of default must, however, be formalised consistently with the procedure. The existence of a judgment does not justify promises of full recovery or completion within a fixed period.

Frequently asked questions

Is a new court action in Bulgaria always necessary? Under the procedure described, no prior declaration of enforceability is required; enforcement formalities and any remedies available to the other party remain relevant. The assessment changes if the instrument or subject matter falls under a different regime.

Does a notarial instrument use the same certificate as a judgment? No: authentic instruments and court settlements are governed by Articles 58–60 and the form in Annex II when they fall within the Regulation. The document must be legally classified before the certificate is requested.

How can you begin a discussion with the Firm? Specify the Italian authority, subject matter, date proceedings began, the action required in Bulgaria and any known urgency. The contact for work in Bulgaria is Avv. Sonia Petrova. Confidential documents will be requested through agreed arrangements after the initial response.