Bulgaria / Supreme Administrative Court / 9152/2013 I.K. v National Revenue Agency (NRA) (Национална агенция за приходите, НАП)

Key facts of the case:

The applicant needed a document certifying his non-participation in commercial companies. It would allow him to apply for social aid. The territorial directorate of НАП in Sofia refused to issue this document. Instead, it issued a document certifying that the applicant was participating in three commercial companies. The applicant, arguing that this information was not correct, regarded the issuance of a different document as a silent refusal for issuing the requested document and appealed this silent refusal before the director of the territorial directorate. The director rejected the appeal and the applicant approached the court. The Sofia Administrative Court (Софийски административен съд) considered this act as an illegal silent refusal and ordered the territorial directorate to issue the document. After obtaining this decision, the applicant filed another claim against the territorial directorate, this time for lack of proper conduct by its employees and also for non-pecuniary damages caused by the illegal silent refusal. The amount claimed as compensation was BGN 2,000. The claim was rejected by the Sofia Administrative Court. The applicant then requested cassation of this decision.

Paragraphs referring to EU Charter: 

 

According to Article 41 of the Charter of Fundamental Rights of the European Union every person has the right to a good administration, which corresponds to the obligation for the institutions, organs, services and agencies of the Union to handle that person’s affairs impartially, fairly and within a reasonable time.

Paragraphs referring to EU Charter (original language): 

 

Според чл. 41 от Хартата на основните права на Европейския съюз всеки има право на добра администрация, на което кореспондира задължението на институциите, органите, службите и агенциите на Съюза безпристрастно, справедливо и в разумен срок да разглеждат отнесените до тях въпроси.

Language: 
Bulgarian
Deciding body (original language): 
Върховен административен съд
Language: 
Bulgarian