LT Law provides legal representation and litigation services in Bulgaria to international flight compensation companies, claims management businesses and other entities handling claims under Regulation (EC) No 261/2004 on air passenger rights.
We assist companies seeking to recover compensation from airlines through Bulgarian court proceedings and subsequent enforcement. Our work combines knowledge of EU air passenger rights with practical experience in Bulgarian civil procedure, commercial litigation and debt recovery.
1. Legal Models for Pursuing EU261 Claims
International claims management companies operate under different business models. The legal structure of the relationship with the passenger is important because it determines who is entitled to bring proceedings and in whose name a claim may be pursued.
Assigned claims
Under this model, the passenger transfers the compensation claim to a company by way of assignment. The assignee seeks recovery in its own name and, where the assignment is valid and effective under the applicable law, may pursue the claim as the creditor.
The assessment requires consideration of the law governing the assignment agreement, the law applicable to the assigned claim and the requirements for notifying the airline. The assignment documentation should clearly identify the passenger, the relevant flight and the rights transferred.
Claims pursued on behalf of passengers
Other companies provide claims management services without acquiring ownership of the underlying compensation claims. In these cases, the passenger remains the creditor and legal proceedings are generally brought in the passenger’s name, with representation based on an appropriate power of attorney.
Under Bulgarian procedural law, a company acting solely as an intermediary or claims manager does not automatically have the right to bring proceedings in its own name on behalf of passengers. The distinction between assignment and representation must therefore be reflected in the contractual documentation and litigation strategy.
LT Law can assist with both models, subject to reviewing the relevant agreements, powers of attorney and applicable procedural requirements.
2. International Jurisdiction and Proceedings in Bulgaria
Before initiating proceedings against an airline, it is essential to establish whether Bulgarian courts have international jurisdiction over the particular dispute.
For airlines domiciled in an EU Member State, jurisdiction is generally assessed under Regulation (EU) No 1215/2012 (Brussels I bis). Depending on the circumstances, proceedings may be brought under the general rule of the defendant’s domicile or under the special jurisdiction rules applicable to contractual matters.
The place of performance of the relevant air transport service may be relevant to the jurisdiction analysis. However, the existence of a Bulgarian branch, representative or commercial presence does not, by itself, establish jurisdiction over every claim against the airline. The connection between the dispute and the relevant establishment must also be considered.
Where the defendant is domiciled outside the EU, the applicable Bulgarian rules on international jurisdiction may become relevant.
The appropriate court and territorial venue must also be determined under the Bulgarian Civil Procedure Code. These issues should be assessed on a case-by-case basis, taking into account the defendant, the nature and value of the claim and the circumstances of the flight.
3. Types of Claims under Regulation 261/2004
Regulation 261/2004 provides passenger rights in cases of denied boarding, flight cancellation and long delay, subject to its scope and conditions.
Compensation claims may arise, among other situations, from:
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- Flight cancellations, where the passenger was not informed within the prescribed time limits or was not offered qualifying alternative transportation;
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- Long delays, where the conditions established by the Court of Justice of the European Union for compensation are met;
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- Denied boarding, where passengers are involuntarily refused boarding despite having a confirmed reservation and having complied with the applicable check-in requirements;
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- Missed connections, where the relevant itinerary and delay conditions give rise to rights under the Regulation.
Compensation under Article 7 is generally EUR 250, EUR 400 or EUR 600, depending on the flight distance and relevant circumstances. The amount may be reduced in certain cases where the passenger is offered alternative transportation that meets the conditions set out in the Regulation.
Airlines may rely on specific defences, including extraordinary circumstances in cancellation and delay cases. The assessment requires consideration of the circumstances of the disruption, the measures taken by the operating air carrier and the applicable case law of the Court of Justice of the European Union.
In addition to fixed compensation, passengers may have rights to reimbursement or rerouting, as well as care and assistance under Articles 8 and 9. These rights should be distinguished from the claim for compensation under Article 7.
4. Court Representation and Case Documentation
Claims pursued in Bulgaria require compliance with the formal and procedural requirements of the Bulgarian Civil Procedure Code.
Court submissions must be prepared in Bulgarian and should set out the relevant facts, legal grounds, requested relief and supporting evidence. Depending on the case, the documentation may include:
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- Passenger booking confirmations and flight tickets;
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- Boarding passes and travel documentation;
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- Evidence of the flight disruption and actual arrival time;
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- Correspondence with the operating air carrier;
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- Assignment agreements or powers of attorney;
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- Evidence of the claimant’s identity and legal status;
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- Documents supporting the calculation and amount of the claim.
For claims brought by assignees, the assignment documentation and the chain of transfer, where applicable, must be properly established. For claims brought in the passenger’s name, the power of attorney must comply with Bulgarian procedural requirements and should expressly cover any relevant procedural or financial powers where these are required.
Depending on the circumstances, claims may be pursued through payment order proceedings or ordinary contentious proceedings. Airlines may raise objections, challenge the assignment or dispute the underlying entitlement to compensation. In such cases, further court representation and evidence may be necessary.
5. Enforcement and Recovery
Obtaining a favourable court decision or an enforceable payment order is not necessarily the final stage of the recovery process.
Where voluntary payment is not made, enforcement proceedings may be initiated before a Bulgarian judicial enforcement officer. Depending on the available information and the circumstances of the debtor, enforcement measures may include inquiries into assets and bank accounts, attachment of receivables and other measures permitted under Bulgarian law.
Where a claim has been assigned, the assignment and succession in the creditor’s rights must also be properly documented for enforcement purposes.
Bulgarian enforceable judgments may also be relevant to cross-border recovery within the EU. Under Brussels I bis, judgments enforceable in the Member State of origin are generally recognised and enforced in other Member States without a separate declaration of enforceability, subject to the applicable requirements and procedures.
6. Legal Services for International Claims Companies
LT Law offers local legal assistance to international businesses handling flight compensation claims, including:
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- Preliminary legal assessment of claims and documentation;
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- Review of assignment agreements and powers of attorney;
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- Assessment of jurisdiction and procedural requirements;
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- Preparation and filing of payment order applications and court claims;
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- Representation in contentious proceedings and responses to airline objections;
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- Appeals and other procedural actions, where necessary;
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- Enforcement proceedings and assistance with the recovery of awarded amounts.
Our approach is based on an individual assessment of the relevant claims, clear communication and careful handling of the legal and procedural aspects of each matter.
Contact
For enquiries regarding EU261 litigation, legal representation and claims enforcement in Bulgaria, please contact:
Liliya Tsoncheva, Attorney-at-Law
liliya@ltlaw.bg
This article is intended for general informational purposes only and does not constitute legal advice.
