КОМПЕТЕНТНИЯТ СЪД И ОТВЕТНИКЪТ ПО ИСКА ЗА ОБЕЗЩЕТЯВАНЕ НА ВРЕДИ, ПРИЧИНЕНИ ОТ СЪД ОТ ПОСЛЕДНА ИНСТАНЦИЯ В НАРУШЕНИЕ НА ПРАВОТО НА ЕС
THE COMPETENT COURT AND THE DEFENDANT IN THE STATE LIABILITY PROCEEDINGS FOR COMPENSATION OF DAMAGES CAUSED BY A COURT IN BREACH OF EU LAW

Summary/Abstract: The article deals with the application of Article 2ter of Bulgarian State Liability Act related to the competent court and the defendant in cases for compensation of damages caused by a court adjudicating at last instance as a result of a breach of European Union law. The legislator’s choice to admit that a court should be a judge in its own cause has been analyzed in the light of the principles of equivalence and effective judicial protection by an independent court. The conclusion that this legislative decision does not correspond to these principles is supported, as it does not provide guarantees for the objective impartiality of the court competent to rule on the action for damages. A proposal de lege ferenda has been made to enable cross-jurisdiction in these cases: for the administrative courts to hear actions for damages caused by the Supreme Court of Cassation, and for the civil courts to hear actions for damages caused by the Supreme Administrative Court.

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