Recognition of Foreign Judgment in Enforcement
A bailiff in Sofia receives a request to enforce a judgment from a German court ordering a Bulgarian company to pay €50,000. The judgment is final and enforceable in Germany. The debtor objects, arguing that the German court lacked jurisdiction because the contract contained a clause designating Bulgarian courts. The bailiff is unsure whether to proceed. The judgment is accompanied by a certificate under Article 53 of the Brussels I Regulation (recast). The debtor claims that the clause is exclusive and that the German court violated it. The bailiff must decide whether to initiate enforcement and what checks are required under EU and Bulgarian law.
1. What is the procedure for recognizing and enforcing a foreign judgment under the Brussels I Regulation (recast) and Bulgarian law? Does the bailiff have authority to review the foreign court's jurisdiction?
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Under Regulation (EU) No 1215/2012 (Brussels I recast), a judgment from a Member State is recognized and enforced without any special procedure (Article 36(1) and 39). The bailiff, as the enforcement authority, must enforce the judgment upon presentation of a copy of the judgment and a certificate under Article 53. The bailiff does not have the power to review the foreign court's jurisdiction; that is a matter for the court of the Member State where recognition is sought. Under Article 45(1)(e), recognition may be refused if the judgment conflicts with an exclusive jurisdiction clause under Article 25, but this defense must be raised before the competent court, not the bailiff. In Bulgaria, the bailiff should initiate enforcement based on the foreign judgment and certificate, unless there is a prior court decision refusing recognition. The bailiff must inform the debtor of the enforcement and the possibility to apply for refusal under Article 45. Therefore, the bailiff should proceed with enforcement, but may stay proceedings if the debtor provides evidence of a pending application for refusal. The bailiff's role is ministerial, not judicial review.
2. If the debtor applies to the Bulgarian court for refusal of recognition, what grounds might succeed, and how should the bailiff respond?
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The debtor may apply to the Sofia City Court under Article 47 of the Regulation for refusal of recognition. Grounds include: (1) violation of exclusive jurisdiction under Article 25 if the clause was valid and exclusive; (2) public policy (Article 45(1)(a)); (3) insufficient service (Article 45(1)(b)); or (4) irreconcilable judgments (Article 45(1)(c)). The debtor must prove the clause was exclusive and that the German court assumed jurisdiction in violation. The bailiff, upon receiving notice of such application, should suspend enforcement under national law (EPC Article 438) until the court rules. If the court refuses recognition, the bailiff must terminate enforcement. If the court upholds recognition, the bailiff continues. The bailiff should not independently assess the clause but must respect the court's decision. Thus, the bailiff's response is to stay enforcement if a timely application is filed and to await the court's decision.