The choice of procedure starts with the claim
An invoice unpaid by a Bulgarian company first requires an examination of the relationship: who the debtor is, what performance was agreed, when payment became due and what objections have been raised. The international element does not impose a single procedure. The choice depends on the documentation, contractual clauses, the likelihood of opposition and the location of the debtor's identifiable assets or funds.
Regulation (EC) No 1896/2006 governs a European procedure for certain monetary claims in cross-border civil and commercial disputes. It is an instrument to assess alongside national procedures; it does not guarantee payment and does not remove the need to examine solvency.
When the European order for payment can be used
The procedure concerns monetary claims for a specific amount that is due when the application is made. The dispute must meet the Regulation’s cross-border requirement. Tax, customs and administrative matters, insolvency and other expressly excluded matters fall outside its scope. Non-contractual obligations are subject to specific restrictions: not every compensation claim can therefore be brought using this procedure.
The procedure uses standard forms available on the European e-Justice Portal and operates between participating Member States, including Italy and Bulgaria; Denmark is excluded. The form must clearly explain the basis of the claim and the supporting elements. The form’s apparent simplicity does not remove the need to verify the requirements and jurisdiction.
Competent court and documentation
Before filing, it is necessary to establish which court has jurisdiction to hear the claim. The fact that the creditor is Italian does not automatically confer jurisdiction on the Italian courts. The parties’ domiciles, any choice-of-court agreement and the rules applicable to the relationship must be examined. Where the debtor is a consumer, the Regulation provides specific protection for the jurisdiction of the State in which the consumer is domiciled.
The working file should include the contract, order and acceptance, invoices, evidence of delivery or performance, correspondence, any acknowledgements and a payment summary. Documents clarifying the company's identity and the representative authority of the person who entered into the commitments are also relevant. The translations needed for filing and enforcement must also be identified.
Opposition: the procedure may change
The debtor may lodge a statement of opposition within thirty days of service of the European order for payment. They need not state the reasons for disputing the claim in the opposition form. The creditor's strategy must therefore take into account from the outset the possibility that the proceedings will continue as a contested dispute and require full proof of the underlying relationship.
Article 17, as amended by Regulation (EU) 2015/2421, provides for continuation under the European Small Claims Procedure, where applicable, or under an appropriate national civil procedure, subject to the options available to the claimant not to proceed. The decision on the subsequent route should also take into account the value, costs and likely evidential steps. It is incorrect to present the order for payment as a way to avoid any court proceedings if the claim is disputed.
From the enforceable instrument to enforcement in Bulgaria
Where the prescribed conditions are met and no opposition is lodged in time, the court of origin declares the order enforceable. The Regulation allows it to circulate without a separate declaration of enforceability in the State of enforcement. Compulsory enforcement, however, remains governed by that country's procedures. For Bulgaria, the European Portal indicates that orders accompanied by a Bulgarian translation are accepted.
This instrument must be distinguished from certification of an uncontested claim under Regulation No 805/2004 and from the certificate under Article 53 of Regulation No 1215/2012. For a decision already obtained in Italy, the instrument to use depends on the nature of the decision and the applicable regime: there is no automatic need to start afresh with a new European order for payment.
A strategy proportionate to the amount recoverable
Before commencing or continuing proceedings, it is advisable to check lawfully obtainable asset information and the existence of any insolvency proceedings. The location of the debtor, their funds and assets that can effectively be enforced against influences the choice of steps and coordination between professionals. A payment proposal can be assessed alongside security, deadlines and remedies for non-performance.
The Firm's initial assessment seeks to reconstruct the debt and identify a feasible course of action, separating the cost of obtaining an enforceable title from the cost of enforcing it. The assessment is specific to the case: duration, recovery of costs and the outcome of enforcement depend on circumstances that no European form can guarantee in advance.