Обжалване по реда на чл. 248, ал. 3 от ГПК
Appeal under Art. 248, Para. 3 of Civil Procedure Code

Summary/Abstract: The main question in the research is whether the decision rendered by an appellate court on a request for supplementation or amendment of the expenses under Art. 248, para. 1 of the Civil Procedure Code (CPC) may be subject to appeal, when the decision of the court is not subject to cassation appeal. The opinion I support in the article is that indisputably the ruling issued under Art. 248, para. 1 of the CPC is subject to appeal. With it, the court rules for the first time on a new substantive dispute, although not independently, due to which the ruling should always be subject to direct control by way of appeal, and this will be a two-instance appeal in this case. The instance, however, according to the provision of Art. 248, para. 3 of the CPC will depend on the procedural order applicable to the decision. If the latter may be a subject to cassation appeal, then the dispute over the expenses can also be subject to three-instance control. This opinion is stated in the decision №6 / 06.11.2013 ( case №6 / 2012) of the Supreme Court of Cassation.

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