European Order for Payment — Cross-Border Debt Collection from Bulgaria

Legal Framework

European Legislation

The primary legislation is Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006, creating a European order for payment procedure. The Regulation is directly applicable in all EU Member States (except Denmark) and does not require transposition into national law.

Bulgarian Legislation

In national law, the procedure is supplemented by:

• Art. 625 of the Civil Procedure Code (CPC) — determines the competent court and specific procedural rules for Bulgaria
• Tariff for state fees collected by the courts under the CPC — determines fee amounts

Scope of Application

When Can the Procedure Be Used?

The EOP can be used when the following cumulative conditions are met:

1. Cross-border case — at least one of the parties has their domicile or registered office in a Member State other than the Member State of the court seized
2. Monetary claim — the subject is a monetary claim for a specific amount
3. Claim due and payable — the claim must be due at the time of filing
4. Civil or commercial matter — the procedure applies to civil and commercial cases

Exclusions

The procedure cannot be used for:

• Revenue, customs, or administrative matters
• State liability for acts or omissions in the exercise of state authority (acta iure imperii)
• Matrimonial property rights or equivalent relationships
• Insolvency proceedings and liquidation of insolvent companies
• Social security
• Non-contractual claims (unless subject to agreement or debt acknowledgment)
• Arbitration

Step-by-Step Procedure

Step 1: Determining the Competent Court

Jurisdiction is determined under Regulation (EU) No. 1215/2012 (Brussels Ia). The main rules are:

• General rule — the court of the defendant’s domicile/registered office
• Contractual disputes — the court of the place of performance
• Consumer contracts — the court of the consumer’s domicile
• Choice of court — if the parties have agreed on a competent court

In Bulgaria, under Art. 625 CPC, the application is filed with the District Court (Okrazhen Sad) at the debtor’s permanent address or registered office.

Step 2: Filing the Application (Form A)

The application is filed using standardized Form A (Annex I to the Regulation), available in all official EU languages. The application must contain:

• Identification data of the creditor and debtor (names, addresses, UIC/personal ID)
• Amount of the claim, including principal and interest
• Basis of the claim (brief description of facts and legal basis)
• Description of evidence supporting the claim
• Basis for the court’s jurisdiction
• Cross-border nature of the case

Importantly, no evidence is attached — the court reviews the application solely on the basis of its contents.

Step 3: Court Review

The court reviews the application typically within 30 days. The court may:

• Issue a European Order for Payment — if the application meets the requirements
• Request supplementation — via Form B, if the application is incomplete
• Propose modification — via Form C, if only part of the claim is well-founded
• Reject the application — via Form D, if the conditions are not met

Rejection is not subject to appeal, but the creditor may file a new application or pursue the claim through ordinary proceedings.

Step 4: Service on the Debtor

The issued EOP is served on the debtor in accordance with the Regulation’s minimum standards. Service may be effected personally with signature and date, by post with acknowledgment of receipt, or by electronic means (if permitted by national law).

Step 5: Debtor’s Objection (30 Days)

The debtor has 30 days from service to file an objection using Form F. The objection does not need to be reasoned — the debtor only needs to state that they contest the claim.

If the debtor files an objection:

• The EOP procedure terminates
• The case transfers to ordinary civil proceedings under the national procedural law
• The creditor may state in the application that they do not wish the case to transfer — in that case, the procedure terminates entirely

If no objection is filed within 30 days, the order becomes enforceable.

Step 6: Enforcement Across the EU

If no objection is filed, the court declares the EOP enforceable using Form G. The enforceable EOP is directly enforceable in all EU Member States without exequatur.

To commence enforcement in another Member State, the creditor presents:

• A copy of the EOP meeting the requirements for authenticity
• A translation of the order into the language of the enforcement state (if required)

Fees

The state fee for filing an EOP application in Bulgaria is 2 % of the claim amount. This is the same as the fee for a national order for payment under Art. 410 CPC.

If the case transfers to ordinary proceedings (after an objection), an additional fee is payable up to the total amount of the litigation fee (4 % of the claim, but not less than EUR 25.56).

Comparison with National Order for Payment (Art. 410 CPC)

Criterion	European Order for Payment	National Order (Art. 410 CPC)
Legal basis	Regulation (EC) No. 1896/2006	CPC, Art. 410–425
Scope	Cross-border cases in the EU	Domestic cases
Competent court	District Court (Art. 625 CPC)	Regional Court
Fee	2 % of claim	2 % of claim
Objection period	30 days	14 days
Reasoned objection	Not required	Not required
Enforceability	All EU without exequatur	Bulgaria only
Evidence	Not attached	Not attached (under Art. 410)
Consequence of objection	Ordinary proceedings (creditor’s choice)	Ordinary proceedings

Review of an Enforceable EOP

The Regulation provides a mechanism for reviewing an enforceable EOP in exceptional cases. The debtor may request a review if:

• The order was served in a manner that did not allow sufficient time to prepare a defense (without the debtor’s fault)
• The debtor was prevented from filing an objection due to force majeure or extraordinary circumstances
• The order was incorrectly issued with respect to the Regulation’s requirements

Review is conducted by the competent court of the state of origin of the EOP.

Practical Tips for Foreign Creditors

Correct Determination of Jurisdiction

Determining the correct court is crucial. Incorrect jurisdiction will result in rejection. When in doubt, seek legal advice, particularly where the contract contains a jurisdiction clause.

Precise Claim Formulation

The application must contain the exact amount of the claim, including principal, contractual or statutory interest, and costs. Imprecise formulation may result in partial or full rejection.

Strategic Considerations

Before filing an EOP application, consider:

• The likelihood of the debtor filing an objection — if likely, ordinary proceedings may be more efficient
• In which Member State ordinary proceedings would be preferable (upon objection)
• The debtor’s assets in various Member States — the EOP is enforceable across the entire EU

European Account Preservation Order

Since 2017, creditors also have access to the European Account Preservation Order (Regulation (EU) No. 655/2014), which allows protective attachment of the debtor’s bank accounts in another Member State. This can be used in parallel with or prior to the EOP procedure.

Enforcement in Bulgaria

When a foreign creditor holds an enforceable EOP against a Bulgarian debtor, enforcement is carried out by a private or state bailiff (Chastven Sadeben Izpalnitel / Darzhaven Sadeben Izpalnitel).

Grounds for refusal of enforcement are strictly limited:

• Incompatibility with an earlier decision rendered in Bulgaria or another state
• The debtor has already paid the claim in full

The enforcement authority cannot review the order on its merits.

Frequently Asked Questions

Conclusion

The European Order for Payment is a powerful tool for collecting cross-border debts, significantly simplifying the process compared to traditional litigation followed by recognition and enforcement proceedings. The procedure is particularly effective for uncontested claims where the likelihood of an objection is low.

For creditors dealing with Bulgarian debtors, the procedure offers an enforceable title valid across the entire EU at a relatively low cost (2 % of the claim). However, careful planning is essential — correct determination of jurisdiction, precise formulation of the claim, and an adequate strategy for the eventuality of an objection.

If you need assistance with cross-border debt collection, the team at Innovires Legal can guide you through the entire process. Contact us for a consultation.

This article is for informational purposes only and does not constitute legal advice. For specific questions regarding cross-border debt collection, please consult a qualified lawyer. Information current as of March 2026.