Fiches Belges
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Fiches Belges: Bulgaria

Enforcement of a Financial Penalty (902)

1. MEASURE IMPLEMENTATION

Bulgaria

Is this measure possible in your Member State under International Judicial Cooperation?

The application of the measure in the framework of international legal cooperation is possible, as far as the Republic of Bulgaria has fully transposed Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties. In this regard all limitations set out under the Framework Decision are valid and applicable, in case the application of the measure is impossible another measure with similar consequences may be applied – recognition and fulfillment of a decision on confiscation or sequestration in conformity to Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders or Convention on the Transfer of Sentenced Persons /Strasbourg, 21.03.1983/. In particular the following shall be pointed out: The court shall recognize a decision on imposing of financial sanctions under the condition that the person against which the decision is issued owns property, receives income or has place of residence or usual location, if a legal entity – seat of business, management address or correspondence address, on the territory of Republic of Bulgaria.

2. LEGAL FRAMEWORK

Bulgaria

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

The competent authority in Republic of Bulgaria to recognize and rule on fulfillment of a decision on imposing of financial sanctions issued in another member-state of the EU is the district court, whose territorial jurisdiction shall be defined under the rules described below: The decision referring to imposing of financial sanctions shall be recognized by the district court at the place of residence or usual location of the person and if the decision refers to a legal entity - seat of business, management address or correspondence address, on the territory of Republic of Bulgaria. In case the place of residence or usual location of the person and if legal entity - seat of business, management address or correspondence address on the territory of Republic of Bulgaria are not stated in the certificate, the decision on imposing of financial sanctions shall be recognized by the district court at the location of the property or the source of income of the person stated in the certificate. If the place of residence or usual location of the person and if legal entity - seat of business, management address or correspondence address on the territory of Republic of Bulgaria is not established, the competent authority to review the decision is Sofia City Court.

* execute/recognise the measure (if other than the receiving authority)

The competent authority in Republic of Bulgaria to fulfill a decision on imposing of financial sanctions recognized by a Bulgarian court is the National Revenue Agency of Republic of Bulgaria. The decision of the district court on recognition of a decision on imposing of financial sanctions shall be sent to the National Revenue Agency of Republic of Bulgaria for fulfillment under the rules of the Law on National Revenue Agency and Tax Insurance Procedure Code. In these cases the National Revenue Agency shall notify immediately the respective court about the actions performed in relation to fulfillment of the decision.

4. ACCEPTED LANGUAGES

Bulgaria

Accepted languages for the request/decision

The decision on imposing of financial sanctions and the certificate sent to the competent authority in the Republic of Bulgaria shall be accompanied by translation in Bulgarian language.

5. EXECUTION DEADLINE

Bulgaria

Deadlines for the execution of the request/decision (where applicable)

In general, no specific deadlines are envisaged. The practice shows that such proceedings are conducted in short terms, usually in one or two court sessions. However, the following shall be taken into account: The competent Bulgarian court immediately initiates the proceedings and schedules the case hearing in term of 7 days as from the receiving of the decision on imposing of financial sanctions and the certificate. The decision of the district court on refusal or recognition of the decision on imposing of financial sanctions may be appealed before the respective court of appeal in term of 7 days as from the date of notification about its issuing.

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

In case the person against whom the decision is issued presents evidence for partial or full payment of his/her obligations, executed in relation to the decision on imposing of financial sanction, the respective Bulgarian authority competent to recognize and fulfill the decision, after consulting the competent authority of the issuing state, shall deduct the equivalence of the paid part from the total size of the obligation. When it is established that the decision refers to offences, which are not performed on the territory of the issuing state and fall under the jurisdiction of Bulgarian courts, the court may decrease the size of the financial sanction up to the maximum size envisaged under the Bulgarian legislation with regard to similar offences.

b. Other useful information

In cases when making of direct contact between the competent authorities is possible, the authority responsible for administrative sending and receiving of decisions on imposing of financial sanctions in the Republic of Bulgaria is the Ministry of Justice of the Republic of Bulgaria. When a Bulgarian court or another authority receives a decision on imposing of financial sanctions, which it is not competent to recognize, it shall send the decision ex officio to the respective competent authority and notifies the authority of the issuing state about that. The fulfillment of decisions on imposing of financial sanctions in the Republic of Bulgaria shall be performed in conformity to the requirements of Bulgarian legislation.

Last reviewed on 25 August 2016 by EJN Secretariat

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