Article 29(1)(a) - Courts with jurisdiction
Applications for a European order for payment to be issued must be submitted to the provincial court with jurisdiction over the permanent address or registered address of the debtor, or over the place of enforcement. (Article 625(1) of the Code of Civil Procedure).
Where it is possible for the case to be contested, the respondent may challenge the territorial jurisdiction, but must do so no later than when the opposition to the motion is filed. (Article 625(2) of the Code of Civil Procedure).
Article 29(1)(b) - Review procedure
This procedure is governed by Article 626a of the Code of Civil Procedure:
Article 626а(1) The respondent may apply for a review of a European order for payment under the terms and procedure laid down in Article 20 of Regulation (EC) No 1896/2006 before the respective court of appeal.
(2) The application for a review must be submitted within 30 days. This period starts to run on the day the respondent is effectively acquainted with the contents of the order or after the circumstances referred to in Article 20(1)(b) of the Regulation no longer apply.
(3) The court sends a copy of the application to the other party, who may reply within one week from receipt thereof.
(4) The application is examined in camera. If the court deems it necessary, it may examine the application in open session.
(5) The court’s decision cannot be appealed.
Article 29(1)(c) - Means of communication
The applicable means of service are as laid down in the current Code of Civil Procedure.
Article 38 governs the address for service:
‘Article 38 (1) The communication is served at the address indicated in the case.
(2) Service may be effected at an e-mail address chosen by the party for service via:
1. the single e-Justice portal;
2. qualified electronic registered delivery service, in accordance with Article 3(37) of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257/73) (‘Regulation (EU) No 910/2014’).
(3) Where the party has not opted for service under paragraph 2 but has indicated an e-mail address, service is effected at the address indicated.
(4) Consent to service under paragraphs 2 and 3 may be withdrawn at any time, without prejudice to the regularity of the actions already carried out.
(5) Where service cannot be effected under paragraphs 1 to 3, the communication is served at the current address of the party or, failing that, at their permanent address.
(6) The party may indicate an e-mail address for service on an expert, witness or third party, who is obliged to produce a document in their possession.’
Article 38a provides that a person who has carried out a procedural act in electronic form must provide an e-mail address for notification of receipt of the electronic statement and for the result of the technical verification of the act. A person who carries out a procedural act in electronic form may agree to accept electronic statements and electronic documents from the court hearing the case in proceedings before the relevant level of jurisdiction or before all levels. A person who carries out a procedural act via the single e-Justice portal agrees to accept electronic statements and electronic documents, communications, summons and papers in proceedings before the relevant level of jurisdiction and before all levels. Consent may be withdrawn at any time, without prejudice to the regularity of the actions already carried out.
Service on credit and financial institutions, including those carrying out debt recovery against consumers, on insurance and reinsurance companies, on traders supplying energy or gas or providing postal or electronic communications or water and sewerage services or on notaries and private bailiffs is effected only in accordance with the procedure laid down in Article 38(2) at an e-mail address specified by them. (Article 50(5) of the Code of Civil Procedure).
Service on a lawyer is effected via the single e-Justice portal or in any place where he or she has an office. (Article 51(1) of the Code of Civil Procedure).
Service on government institutions and municipalities is effected only in accordance with the procedure laid down in Article 38(2) at an e-mail address specified by them. (Article 52(2) of the Code of Civil Procedure).
In accordance with Article 42, communications are served by an officer of the court, by post or through a courier service as registered letters with acknowledgement of receipt. Where there is no judicial instance at the place of service, service may be performed by the municipality or mayoralty.
On a motion by the party, the court may order that communications be served by a private bailiff. The costs of the private bailiff are borne by the party.
Where a communication is not served by any of the above-mentioned methods or in the case of disasters, accidents or other unforeseen circumstances, the court may exceptionally order that service be effected by an official of the court by telephone, e-mail address for service, telex, fax or telegram.
Methods of service are laid down in Article 43 of the Code of Civil Procedure:
Article 43(1) Communications can be served personally or by any other person.
(2) The court may order the communication to be served by adding it to the case file or by affixing it to the addressee’s door or letter box.
(3) The court may order the communication to be served by public announcement.
Article 29(1)(d) - Accepted languages
The Republic of Bulgaria accepts European orders for payment accompanied by a translation into Bulgarian.
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