International litigation. Foreign EU judgments and execution

 

In our capacity of Bulgarian litigators we provide court representation on lawsuits involving entities or individuals residing/based in different countries, including related to enforcement of foreign judgements.

 

INTERNATIONAL LITIGATION

We can help whether this is a matter of court case, what kind of legal dispute is involved: a commercial one (where one of the parties is a company) or a private one (i.e. both parties are private individuals). This includes debt collection lawsuits, tort claims and procedures for recognition/approval the enforcement of foreign court or arbitration judgments – under the provisions of the International Civil Law Code, the International Trade Arbitrage Act and the Convention for recognition and enforcement of foreign arbitration decisions. Also in cases where the international dispute relates to chasing payments in Bulgaria, undelivered goods/services or is it a real estate dispute. After the end of litigation we also perform execution procedures before the local bailiffs against the judgment debtors.

On the opposite, in cases where the judgment debtor resides abroad, we can perform on behalf of local creditors the procedure of obtaining recognition certificate for Bulgarian court decision, or European payment order for using it abroad in the country of residence of the debtor.

*Legal costs and expenses made by the claimant before the Bulgarian court, in case of positive end of the lawsuit in their favor are subject of reimbursement by the judgment debtor. 

 

ENFORCEMENT OF FOREIGN JUDGMENTS IN BULGARIA UNDER EU LAWS

Some foreign judgment decisions, issued within the EU, bear direct recognition in Bulgaria; but others are not directly enforceable here. To enforce a foreign judgment issued in another EU country (including Iceland, Switzerland and Norway) in Bulgarian court of law means to grant the acceptance of this court decision. The court will issue recognition and admission to enforcement of the foreign judgment so it will have a binding legal force and could lead to obtaining Bulgarian writ of execution and respectively initiating collection procedure against the debtor before the local bailiffs.

We perform on behalf of our clients the recognition and registration procedure of foreign judgments at the local Bulgarian court, for reaching approval and enforcement decision in favor of the creditor. This includes filling all needed applications, actual representation in court, obtaining of the issued court approval and as well legalized official translation of the initial judgment document.

We also provide legal representation to creditors before a local bailiff for initiating and performance of execution procedures that follow the above detailed court procedure, against the judgment debtor’s assets.

In details, our legal services include legal assistance and representation for recognition and enforcement in Bulgaria of court decisions and the following acts:  European payment order, certificates for European payment condition for non-disputable debt, direct performance under the provisions of EU Regulation 1215/2012, European Certificate of succession in cases of cross-border inheritance and decisions per the European Small Claims Procedure (ESCP).

*Legal costs and expenses made in relation to the procedure of recognition of foreign enforcement in Bulgaria are reimbursable then on account of the judgment debtor.

Contact our Bulgarian law office for more information, quotation and guidance:  http://lexsofia.com/contacts/

COPYRIGHT LexSofia© / 2014

designed by DBUGG / image by Sebastien Wiertz