Recognition of an Italian enforceable instrument abroad is the result of international cooperation between States built up over the years.
Recognition of judgments and all enforceable instruments between Italy and Bulgaria, since 2007, the year Bulgaria joined the European Community, is carried out under European Regulation No 1215 of 2012, currently in force, which replaced Regulation No 44 of 2001.
The main EU instruments for recognising judicial decisions between Member States are:
a) Regulation No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters, limited to Articles 41 (judgments concerning rights of access to a child) and 42 (orders for the return of a child); b) Regulation No 805/2004 (European Enforcement Order for uncontested claims); c) Regulation No 1896/2006 — European order for payment; d ) Regulation No 861/2007 — a European enforcement instrument consisting of an order issued following a uniform procedure for small claims and ) Regulation No 4/2009 (jurisdiction, applicable law, recognition and enforcement of decisions concerning maintenance obligations).
To enforce a judgment, court settlement or other enforceable decision within the territory of the Italian Republic, a European Enforcement Order must be obtained. This is a declaration issued by the body that made the decision whose enforcement is sought, using the form set out in Annex 1 to European Regulation 1215 of 2012.
Regulation No 1215/2012 establishes the rule that the enforceability of judicial decisions, like their declaratory effects and effects changing legal relationships, can circulate within the European judicial area.
Alternatively, the creditor may apply for exequatur of the judicial decision in the state where it is to be enforced.
To obtain a European Enforcement Order in Bulgaria, the claim must concern payment of a specific sum of money that is due. The claim must be civil or commercial in nature.
Guide