Commercial cases and commercial disputes before the courts

According to the settled and consistent case law of the Supreme Court of Cassation of the Republic of Bulgaria, the concept of a “commercial case” for the purposes of Article 280(3) of the Code of Civil Procedure (GPK) is broader both than a “commercial dispute” within the meaning of Article 365 of the GPK and than a “dispute arising from a commercial transaction”.

Thus, commercial cases include not only disputes under Article 365(1) of the GPK and cases involving claims arising from a commercial transaction, but also claims connected with a party’s commercial activity even where there is no commercial transaction. Examples include: Supreme Court of Cassation Order No. 2 of 06.01.2009 in commercial case No. 618/2008 — claims under Article 55(1) of the Obligations and Contracts Act (ZZD) and Article 108 of the Ownership Act (ZS) between traders; Order No. 9 of 21.01.2012 in commercial case No. 3/2012 — a claim under Article 59 of the ZZD concerning the holding of premises intended and used for commercial purposes, brought by a trader; Order No. 52 of 01.03.2012 in commercial case No. 139/2012 — a claim under Article 55(1) of the ZZD for return of a deposit paid to participate in an auction for the sale of municipal property, brought by a trader; and Order No. 252 of 21.09.2012 in commercial case No. 697/2012 — return of a payment made without a legal basis from the outset in a pre-contractual relationship. Other examples are claims under Article 125(3) of the Commerce Act (TZ), claims for damages against a company manager and an insurer’s subrogation claims. See also Supreme Court of Cassation Order No. 812 of 17.10.2011 in private commercial appeal case No. 693/2011; Order No. 132 of 24.02.2012 in private commercial appeal case No. 28/2012; Order No. 87 of 10.04.2012 in commercial case No. 264/2012; Order No. 259 of 15.11.2011 in commercial case No. 1074/2011; and Order No. 414 of 02.06.2011 in private commercial appeal case No. 379/2011, among others.

If you have a commercial dispute with a contracting party which cannot be resolved without court proceedings, it is best to consult a lawyer practising in commercial law about all procedural issues.