Bulgaria introduces digitalisation of accelerated enforcement court procedure and execution title

In February 2023, an amendment to the Bulgarian Civil Procedural Code (CPC) introducing digitalisation of accelerated enforcement court procedure and issuance of a writ of execution in a digital form was introduced and officially published in the State Gazette. Bulgaria's courts will be obliged to apply the new procedural rules on 1 July 2024. 

In Bulgaria, execution (i.e. enforcement) procedure commences after the competent court has provided an execution title called a “writ of execution”. Legal grounds for issuance of a writ of execution are different. Issuance can come as the result of final decisions of domestic or foreign courts, arbitration awards or settlements, domestic/EU payment orders, etc. Now, as a result of the latest procedural amendments in the CPC, as of 1 July 2024 a writ of execution signed by a judge of a competent court will be issued in electronic form. As an exception, if the issuing of a writ of execution in electronic form is not possible, a writ of execution will be issued in a single copy in paper form. 

New rules have also introduced the digitalisation of the accelerated enforcement court procedure for obtaining domestic payment orders. As of 1 July 2024, all procedural steps in a payment order proceeding will be performed in electronic form, and all acts of the court in any such proceeding, including the payment order, will be issued in electronic form, except where it is otherwise expressly provided in the CPC. The applicant and the debtor may still alternatively submit any procedural documents in paper form as well. 

The application for issuance of a payment order and the appendices could be submitted in paper form or by electronic means using an electronic template accessible on the Single e-Justice Portal - https://ecase.justice.bg/. However, there are certain categories of applicants who will be obliged to use only the electronic submission. These applicants include: 
•    credit and financial institutions, including those recovering claims against consumers; 
•    insurance and reinsurance companies; 
•    merchants supplying energy, heat, natural gas or providing postal services, electronic communication services or water-supply and sewerage services;
•    notaries and private enforcement agents;
•    government institutions and municipalities.

The above obligation will not be applicable to merchants and applicants represented by attorneys-at-law.

No matter the type of submission, a debtor may lodge an opposition against the court order in writing in paper form at any regional court whatsoever or in electronic form through the Single e-Justice Portal.

After the issuing of the digital writ of execution, enforcement agents and government institutions, which are engaged by the creditor to carry-out the execution, will gain access to the issued digital writ of execution, as well as to the electronic enforcement order (including the document the enforcement order was issued for) through the Single e-Justice Portal. The latter is currently available only in the Bulgarian language.

For more information on digital enforcement procedures in Bulgaria, contact your CMS client partner or local CMS expert Antonia Kehayova.

Antonia Kehayova
Counsel, CMS Sofia