September 30, 2010

Parliament adopted at first reading amendments to the Civil Procedure Code regarding the recognition and enforcement of foreign court judgments and the cooperation in matters of maintenance claims. The bill is moved by the Council of Ministers. The changes intend to introduce into our legislation the norms of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. It is aimed at improving the situation of persons who receive family, matrimonial or parental support through the elimination of the exequatur procedure. The latter leads to formal recognition of a decision issued by a foreign court allowing the application in another member state. The change is also aimed at accelerating the payment of maintenance in one of the member state and reduces the costs associated with obtaining it. A maintenance creditor will be able to easily obtain a decision in one Member State, which will be automatically enforceable in another Member State without any further formalities. The Regulation will start applying on June 18, 2011. The Regulation provides that Member States, bound by the Hague Protocol of 2007 on the Law applicable to maintenance obligations will apply its provisions. The Hague Protocol on the applicable law is signed and ratified by the European Community on April 8, 2010. It has not yet entered into force but will apply from the date on which the EC Regulation will begin (June 18, 2011). In decisions ruled by a court in a Member State not bound by the Hague Protocol, the regulation provides a procedure (exequatur) for recognition and declaration of enforceability. The introduction of the EC Regulation in the Civil Procedure Code will be achieved by the establishment of a new chapter “58 a” in the CPC. The above amendments were submitted by the GERB MP Emil Radev and cover all phases in the civil proceedings – from the appeals against decisions of the bailiff and the establishment of claims to the public sales of assets of the defendant.