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High Court refuses to grant an order refusing recognition of a judgment in the sum of €119,522 issued by a court in Bulgaria, where the applicant alleged he had never been served with the proceedings or had an opportunity to defend them, but where the appeal court in Bulgaria had upheld the judgment having considered service, on the grounds that: (a) under the applicable European legislation, it was open to the Irish courts to consider the issue of service; but (b) in the instant case, the proceedings had been lawfully served by means of registered post and signed for by a third party four months prior to the judgment being granted.
Recognition of foreign judgment - Sofia City Court, Republic of Bulgaria - application for refusal of recognition of judgment - Article 45(1)(b) of the Regulation (EU) No. 1215/2012 - O. 42A of the Rules of the Superior Courts - order to pay €119,522 - order of November 2016 - whether applicant served with proceedings - refusal of appeal court in Bulgaria to set aside judgment on issue of service - facts concerning service of proceedings - evidence that documents had been signed for by a third party - matters of public policy - other commercial dealings between parties.
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