Brussels II Regulation governs the recognition and enforcement of judicial decisions, decrees, orders and decision relating to matrimonial matters and matters of parental responsibility (arts. 21 – 52). The Regulation does not apply to Denmark. A judicial decision given in a Member State is recognized in another Member State without any special procedure being required. The recognition and enforcement are executed following a simple procedure – expression of the judicial freedom – freedom of judgments. The procedure has the following characteristics: it is as far as possible simplified in terms of intermediary formalities; under no circumstances may a judgment be reviewed as to its substance; the judgment shall not necessarily be final but is shall be enforceable; no legalization or other similar formalities are needed; grounds for non- recognition and non- enforcement are reduced to a minimum and laid down in an exhaustive list in the Regulation. Provided that the competent court or body so require, translation of the documents would need to be provided. The translation shall be certified by a person qualified to do so in one of the Member States. Due to the specific nature of the relations subject to the Regulation, the principle of the best interest of the child comes into place. No special procedure is required for updating the civil- status record of a Member State on the basis of a judgment relating to divorce, legal separation or marriage annulment given in another Member State, and against which no further appeal lies under the law of that Member State.

I. Recognition

The term marriage annulment within the meaning of the Regulation is to be understood as invalid marriage. Any interested party may seek recognition or non-recognition of a judgment in accordance with the procedures laid down in the Regulation. The local jurisdiction of the court appearing in the list notified by each Member State to the Commission, is determined by the internal law of the Member State in which proceedings for recognition or non- recognition are brought. In Bulgaria an interested party may apply for recognition of a decision at the exercising jurisdiction over the permanent address of the opposing side or its registered office district court, and provided that it does not have a permanent address or registered office on the territory of the Republic of Bulgaria – at the court exercising jurisdiction over its permanent address or registered office (art. 623 Civil Procedure Code) . In cases when the interested party does not have permanent address or registered office on the territory of the Republic of Bulgaria, the application shall be submitted before the Sofia City Court. The judgment is recognized and enforced on the basis of a transcript, certified by the court that has rendered it, certificate for its entry into force, when an Act of the European Union so requires. When the outcome of a case depends completely or partially on the recognition of a foreign judgment given in a Member State of the European Union, the competent court before which the case is pending shall be competent in terms of recognition as well. Where the recognition of a judgment is raised as an incidental question in a court of a Member State, that court may determine that issue. Review of jurisdiction of the court of origin in a Member State is prohibited (art.24). Article 26 explicitly lays down the prohibition of a judicial review as to substance. Article 25 of Brussels II Regulation introduces the prohibition of non- recognition based on differences in applicable law: “The recognition of a judgment may not be refused because the law of the Member State in which such recognition is sought would not allow divorce, legal separation or marriage annulment on the same facts”. The grounds for non-recognition of judgments relating to divorce, legal separation or marriage annulment listed in art.22 are the following:

• if such recognition is manifestly contrary to the public policy of the Member State in which recognition is sought;
• where it was given in default of appearance, if the respondent was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the judgment unequivocally;
• if it is irreconcilable with a judgment given in proceedings between the same parties in the Member State in which recognition is sought; or
• If it is irreconcilable with an earlier judgment given in another Member State or in a non-Member State between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.

The grounds for non-recognition of decisions relating to parental responsibility are stated in art.23 as follows:

• if such recognition is manifestly contrary to the public policy of the Member State in which recognition is sought taking into account the best interests of the child;
• if it was given, except in case of urgency, without the child having been given an opportunity to be heard, in violation of fundamental principles of procedure of the Member State in which recognition is sought;
• where it was given in default of appearance if the person in default was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable that person to arrange for his or her defence unless it is determined that such person has accepted the judgment unequivocally;
• on the request of any person claiming that the judgment infringes his or her parental responsibility, if it was given without such person having been given an opportunity to be heard;
• if it is irreconcilable with a later judgment relating to parental responsibility given in the Member State in which recognition is sought;
• if it is irreconcilable with a later judgment relating to parental responsibility given in another Member State or in the non-Member State of the habitual residence of the child provided that the later judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought, or
• if the procedure laid down in Article 56 has not been complied with.

*In contrast to the grounds for non- recognition of a judgment in relation to divorce, legal separation or marriage annulment, when it comes to the grounds for non- recognition of judgments in relation to parental responsibility precedence is given to the decision given later in time. This is due to the idea that the decision given later has taken the best interest of the child more into account.

II. Enforcement

Judgments relating to divorce, marriage annulment and legal separation are not enforceable. Judgments relating to parental responsibility, on the other hand, can be enforced on the application of any interested party (art.28). Each Member State is obliged to notify the Commission for the competent for submission of the application for a declaration of enforceability court. In Bulgaria the competent court is determined by reference to the permanent address of the person against whom enforcement is sought, or to his registered office or to the place of enforcement (art.623 (1) Civil Procedure Code). The local jurisdiction is determined by reference to the place of habitual residence of the person against whom enforcement is sought or by reference to the habitual residence of the child to whom the application relates. In case where neither of those places can be found in the Member State of enforcement, the local competent court is determined by reference to the place of enforcement. The applicant shall give an address for service or to appoint a procedural representative in accordance with the local procedural law. The procedure for submission of applications is subject to the legislation of the Member State where enforcement is sought. Attached to the application for declaration of enforceability shall be: a copy of the judgment to which the application relates, certificate pursuant to the standard form as provided in annex I (concerning judgments in matrimonial matters) or annex II (concerning judgments on parental responsibility), issued by the competent court or other body in the Member State of origin. In case of a judgment given in default, the party seeking recognition or applying for a declaration of enforceability shall present: the original or certified copy of the document which establishes that the defaulting party was served with the documents instituting the proceedings or with an equivalent document; or any document indicating that the defendant has accepted the judgment unequivocally (art.37 (2)). In the absence of the abovementioned documents the court may give a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production. The court renders its decision in a timely manner. At this time of the procedure the person against whom enforcement is sought does not have the right to present facts to the application. The application can be denied solely on the grounds stipulated in articles 22, 23 and 24. Under no circumstances a decision can be reviewed as to its substance. The appropriate office of the court shall without delay bring to the notice of the applicant of the decision given on the application in accordance with the procedure laid down by the law of the Member State of enforcement (art.32). Partial enforcement is possible if the judgment relates to several matters, not all of which enforceable. The defendant can as well ask for partial enforcement of the decision (art.36)

III. Appeal against the decision

A decision on the application for a declaration of enforceability may be appealed against by either party. The appeal against a declaration of enforceability in Bulgaria is to be lodged with Sofia Appellate Court. The appeal against a declaration of enforceability is dealt with according to the procedural rules in contradictory matters. The appeal shall be lodged within one month of service thereof. The period is two months if the party against whom enforcement is sought has his habitual residence in a Member State other than the one where the declaration of enforceability has been issued, and starts sunning as of the date of service, either on him or at his residence. No extension of the time period may be granted on the basis of distance of habitual residence (art.22 (5). The decision of Sofia Appellate Court may be appealed against before the Supreme Court of Cаssation of the Republic of Bulgaria (art.34 in conjunction with art.623(6) Civil Procedure Code). 

Stay of proceedings pursuant to art. 35

The court with which the appeal is lodged may, on the application of the party against whom enforcement is sought, stay proceedings if an ordinary appeal has been lodged in the Member State of origin, or if the time for such appeal has not yet expired. In the latter case, the court may determine a specific period within which the appeal is to be lodged.

IV. Enforceability of certain judgments concerning rights of access and of certain judgments which require the return of the child

1. The right of access granted in an enforceable judgment given in a Member State shall be recognized and enforced in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition if the judgment has been certified in the Member State of origin (art.41). The judge of origin issues a certificate as in annex III (certificate concerning rights of access) only in case of the following: (a) where the judgment was given in default, the person defaulting was served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable that person to arrange for his or her defense, or, the person has been served with the document but not in compliance with these conditions, it is nevertheless established that he or she accepted the decision unequivocally; (b) all parties concerned were given an opportunity to be heard; and (c) the child was given an opportunity to be heard, unless a hearing was considered inappropriate having regard to his or her age or degree of maturity. The certificate shall be completed in the language of the judgment. Even if the national law does not provide for enforceability by operation of law of a judgment granting access rights, the court of origin may declare that the judgment shall be enforceable, notwithstanding any appeal.

2. The return of a child referred to in Article 40(1)(b) entailed by an enforceable judgment given in a Member State shall be recognized and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition if the judgment has been certified in the Member State of origin in accordance with the procedure as explained above. The judge of origin who delivered the judgment issues the certificate only if: (a) the child was given an opportunity to be heard, unless a hearing was considered inappropriate having regard to his or her age or degree of maturity; (b) the parties were given an opportunity to be heard; and (c) the court has taken into account in issuing its judgment the reasons for and evidence underlying the order issued pursuant to Article 13 of the 1980 Hague Convention. In the event that the court or any other authority takes measures to ensure the protection of the child after its return to the State of habitual residence, the certificate shall contain details of such measures. The judge of origin shall of his or her own motion issue that certificate using the standard form in Annex IV (certificate concerning return of the child/ren). The certificate shall be completed in the language of the judgment. Even if national law does not provide for enforceability by operation of law, notwithstanding any appeal, of a judgment requiring the return of the child, the court of origin may declare the judgment enforceable.