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Bulgaria / Supreme Cassation Court / 1059/2014

A.M.

Policy area:
Enterprise
Deciding Body type:
National Court/Tribunal
Deciding Body:
Bulgaria / Supreme Cassation Court
Type:
Decision
Decision date:
07/07/2014

Key facts of the case:

The company A.M. is undergoing insolvency procedure according to Bulgarian Law. It had previously entered into a mortgage agreement with its own piece of land. The liquidator, who was assigned to account for the company’s debts and receivables, filed an action against the mortgage agreement. The Varna Regional Court (Окръжен съд – Варна) and the Varna Apellate Court (Апелативен съд – Варна) both disallowed the action to be filed. The applicant referred to Article 47 of the Charter Of Fundamental Rights of the European Union claiming that the two courts, which have not allowed the claim to be filed, have violated his right to an effective remedy.