Bulgaria - Chapter 5 - Collective Litigation in Europe: Law and Practice
Originally from Collective Litigation in Europe: Law and Practice – Preview Page
Collective action legislation in Bulgaria is stipulated in Chapter XXXIII of the Bulgarian Civil Procedure Code, promulgated in State Gazette No 59 from 20 July 2007, in force as of the 1st of March 2008. The applicable articles are 379 to 388. The chapter has not been amended or supplemented since the promulgation of the Civil Procedure Code.
Article 379 of the Civil Procedure Code provides for the application of the rules regarding collective actions to all kinds of breaches (both contractual and non-contractual), irrespectively of the area of law.
The provisions stated in Chapter XXXIII govern only the specific procedural aspects which shall be taken into consideration by the court when reviewing a class action case. For all other matters, that are not explicitly governed by the aforementioned provisions, the general rules of civil procedure will apply.
On 4 December 2020 the Directive on Representative Actions (the RAD) was published in the Official Journal of the European Union.
The deadline for transposition of the RAD in Bulgaria was 25 December 2022, however, as of the end of March 2025, no draft bill has been enacted. The main reason for the delay in the transposition of the RAD in Bulgaria is the political crisis since 2021. Since April 2021, Bulgaria has faced seven parliamentary elections leading to an inability to form a stable government.
The transposition of the RAD is one of the main priorities of the political parties that are part of the 51st National Assembly of the Republic of Bulgaria, but the draft bill on representative actions for the protection of the collective interests of consumers is yet to be discussed and voted upon.
