RP in Bulgaria based on commercial activity

Lots of NON EU entrepreneurs are facing with a problem when they need to stay in Bulgaria for more than 90 days (in every 180 days). This is due to both Bulgarian and EU immigration legislation procedures.

In general there are two main types of regimes depending of presence or lack of an agreement for [...]

Telecom has used unfair commercial practices

“Mobiltel” JSC has applied an unfair commercial practice, providing false information to consumers, the proposed lease handsets coded to work only with SIM cards of telecom, will be unlocked for free and freely use with cards of other operators after expiration of fixed-term contracts.

This is the final decision of the Supreme Administrative Court (SAC), [...]

Protecting your Intellectual Property in Bulgaria

I was planning from a long time to provide you with some initial information regarding Intellectual Property protection in Bulgaria. Well, finally the time to do this has come.

Intellectual Property protection Bulgaria

Lets first answer to a question – What actually is Intellectual Property? (for these that don’t know).

An objects of intellectual [...]

Compensation for delay due to contractor’ fault?

In view of the unification of jurisprudence in the presence of conflicting court decisions on the issue, the President of the Supreme Bar Council of Bulgaria Ralitza Negencova sends a statement on the matter with a request to be given an interpretative decision on the matter by the Supreme Court by interpretative case № 7/30 [...]

Acquiring rights in another EU country to work at home not abuse

The Court of Justice held that the single market ability of citizens of the Union to choose the Member State in which they wish to receive the title and the Member State in which they intend to practice their profession is inherent in the exercise of the right guaranteed by the European Union fundamental freedoms.

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In Europe entities are compensated for non-pecuniary damage – and in Bulgaria?

The European Court of Human Rights is one of the international jurisdictions with established practice recognizing the right of non-pecuniary damages to entities that deserves to be described.

Based on Art. 34 of the Convention on Human Rights, which expressly provides for the right of appeal of NGOs, in 1979 the Court recognized the legitimacy [...]

Number of aspects relating to appeals in civil cases reviewed

Into the Interpretative Decision N: 1 of 12.09.2013 of the SCC has been given answer to number of questions related to the powers of supervisory court instances in appeals of rulings and decisions ahead.

Supreme Court Judges clarify the scope of the second instance and indicate that the appeals court is not limited in its [...]

Transfer penalty runs fine up to the amount provided for in the Penal Code

Questions regarding transfer of sentenced persons are governed by the Criminal – Procedure Code (CPC) in Chapter 36, Section I.

The transfer of a sentenced person from abroad to Bulgaria, ie when the Bulgarian state is executing intervening Criminal Court with a view to implementing the procedure for resolving issues related to the execution of [...]

When a cartel agreement restricts competition?

As you may know the EU law prevail over national law of Member States. This is a very important factor and helps greatly to the unification of jurisprudence in all Member States. Over the years, it proved to be particularly important for case law on tax matters and issues related to the protection of competition.

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VAT deduction even when the issuer of the invoice is in violation

Such a conclusion reached by the Court of the EU in Case C-324/11 (Gabor Toth / Nemzeti Ado-es Vamhivatal), which considers the situation in which the issuer of the invoice has been terminated for VAT, in addition to it was found that had not declared to the tax authorities persons employed by him.

EU [...]