Identifying the applicable instrument
A judgment, a payment order, a court settlement and an authentic instrument do not necessarily follow the same route. Before enforcement begins in Bulgaria, it is necessary to check the nature of the title, the subject matter, the date on which proceedings were instituted, enforceability and service. The Firm assists creditors in choosing the relevant European or national framework and preparing the file for use abroad.
The Brussels I Recast Regulation
In civil and commercial matters within its scope, Regulation (EU) No 1215/2012 allows judgments to be recognised without a special procedure and enforced without a prior declaration of enforceability. Enforcement requires a copy of the judgment and the certificate provided for in Article 53, subject to the rules on translation and service. In general, the regime applies to proceedings instituted from 10 January 2015; transitional provisions must be checked for earlier proceedings.
Certificate and European Enforcement Order
The certificate under Regulation No 1215/2012 must not be confused with certification as a European Enforcement Order for uncontested claims under Regulation (EC) No 805/2004. The European order for payment is also a separate instrument. The choice depends on the title and the originating procedure: obtaining a certificate does not remove the need to check the provision’s scope, defence rights and the formalities required to proceed.
The enforcement stage
Enforcement takes place under the rules of the State where the assets are located. The work therefore includes examining information about the debtor, identifying possible steps and coordinating with the locally appointed professional. It is helpful to provide the complete decision, evidence of service, any opposition documents and an up-to-date debt statement. The merits of taking action are also assessed against the costs and realistic prospects of recovery.