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CJEU rulings: grounds to overrule a Bulgarian court ruling?

In a ruling from the end of last year, the Supreme Administrative Court (SAC) gave its opinion on the question whether a ruling of the Court of Justice of the European Union (CJEU) can constitute grounds for repeal of an effective ruling of a Bulgarian court.

The problematic point stems from the provision of Article 239 of the Code of Administrative Procedure (CAP), which lists the grounds for repeal of an effective ruling.

The first of these refers to such circumstances or evidence which are vital to the subject matter of a case. More precisely, it concerns such circumstances or evidence which, at the time when the case was tried, could not have been known by the respective party but subsequently came to its knowledge.

Paragraph 6, in turn, expressly provides for the possibility of repealing an effective ruling of our national courts following a ruling from the European Court of Human Rights (ECHR).

Proceeding on the basis of these two grounds of repeal, the plaintiff in the case asked the SAC whether it is possible to seek repeal of a ruling if the condition of the first ground is fulfilled following a ruling of the Court of Justice of the European Union (CJEU).

The Supreme Court Judges rejected such a possibility on several grounds:

Nevertheless, the SAC does not deny the importance of rulings of the Union courts as a whole. At the end of their explanation, the Supreme Court Judges elaborate on how such decisions of the CJEU may affect our justice system. The rulings establish a kind of interpretative case law on certain provisions of EU law, to which the rules of our national law should correspond.

In summary: CJEU rulings have an indirect influence on our national legal system, but do not constitute an independent ground for repeal of an effective ruling of a Bulgarian court.

The news above is for information purposes only. It is not (binding) legal advice. For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm attorneys at law.