Sep 25

Private Bailiffs Proportionate Fee

  The passig-away September witnessed a significant response in electronic media to court ruling of the Supreme Administrative Court of Bulgaria (SAC) from 29th Sep 2014 providing for the suspension of the execution of Council of Ministers Decree № 215/2014 dating Jul 2014, amending the Private Bailiff Fee Tariff in a way that private bailiffs in Bulgaria can no longer collect proportionate fee in cases of debt payment within the respective voluntary debt payment term.

  The abovementioned Council of Ministers Decree has already been appealed against by the Bulgarian Chamber of Private Bailiffs and a private bailiff from Plovdiv by the name of Petko Stefanov Iliev. By virtue of its court ruling from 29th Aug 2014 within administrative case № 10545 from 2014 SAC has not decided on the merits of the case, but has ceased the execution of bailiff tariff amendment, on the grouds of which until the final court decision on the case all private bailiffs shall be legally entitled to continue collecting the proportionate fee under s. 26 from the tariff in all cases of debt payment within the respective voluntary debt payment term.

  Reasonable questions, however, arise from the fact that the appeal of the applicants under administrative case № 10545 from 2014 for the ceisure of the execution of Council of Ministers Decree № 215/2014 has been ruled upon by one trial panel (a tree-member trial panel by the chairmanship of judge Mario Dimitrov and Judge-Rapporteur Krasimir Kunchev), while for the course of the case and its scheduling for public hearing for 21th Oct 2014 the court has ruled upon in a completely different trial panel (a tree-member trial panel by the chairmanship of judge Yordan Konstantinov and Judge-Rapporteur Madlen Petrova).

  Currently SAC ruling for the ceisure of the execution of Council of Ministers Decree № 215/2014 has been appealed against and a five-member SAC trial panel ruling is soon expected in that respect. The court representation of the Bulgarian Chamber of Private Bailiffs and Plovdiv private bailiff Petko Stefanov Iliev under case № 10545 from 2014 is effected by "Georgiev, Todorov and Co." attorneys-at-law. The eventual outcome of the case and the reasonableness of all current doubts about the impartiality of the court are to become clear from the five-member SAC trial panel cassation decision.