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Varadinov & Co.
Legal Bulletin

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State Gazette, issue 2 /January 3rd, 2018
Detailed regulation of liability for tort / delict introduces the new Chapter Fifteen into the Law on Protection of Competition. All natural and legal persons who have suffered damage even if the violation was not directed directly against them are entitled to full compensation. Claims for damages are brought in accordance with the Civil Procedure Code. The ruling of the Supreme Administrative Court, which confirms a decision of the CPC to establish a violation under the law, has a binding force for the civil court on the fact of the violation and the offender. The binding force for the civil court on the fact of the offense and the offender also has a decision of the Commission, which has not been appealed or the appeal against it has been withdrawn. Compensation in full places the injured person in the situation in which it would have been if the breach of competition law had not been committed. Compensation in full covers the right to compensation for the loss suffered and for the lost benefits together with the due legal interest but can not be excessive in relation to the harm suffered. Until the contrary, it is assumed that the cartel causes damage.
A defendant in a claim for damages may argue that the applicant has transferred all or part of the mark-up plus value paid by him, proving the facts on which he bases his objection. When assessing the merits of the claim for damages and determining the amount of compensation, the court shall take into account whether and to what extent the claimant has been surrendered. The existence and extent of that transfer is proved by the claimant. Unless proved otherwise, it is assumed that there is a surplus transfer when the indirect buyer has proven that: 1. the defendant has committed an infringement of competition law; 2. the infringement of competition law has led to an overcharge for the direct buyer; and 3. the indirect buyer has purchased the goods or services which are the subject of the infringement or has purchased goods or services obtained or containing such goods and services. When assessing the liability of the offender for claims for damages brought by claimants at different levels of the supply chain, the following circumstances are relevant: 1. the existence of claims for compensation for damages related to the same offense but brought by claimants from other levels of the supply chain; 2. court decisions on claims for damages referred to in paragraph 1; 3. publicly available information on the enforcement of competition law by the competent authorities.
The limitation period starts to run from the day of the cessation of the infringement, provided that the plaintiff knows or can be expected to know of: 1. conduct that constitutes a violation of competition law; 2. the damages caused to him, and 3. the offender. The limitation period is interrupted by initiating a procedure for establishing an infringement committed by a competition authority. During the proceedings before the Commission, the limitation period does not run, as a new limitation period begins to run after one year from the entry into force of the decision establishing the violation or the closure of the proceedings before the body. An out-of-court settlement of a claim for damages shall not run until the dispute is settled, and only in respect of the parties involved. The court seised of a claim for damages may suspend the proceedings before it for up to two years when the parties are involved in the out-of-court settlement of the dispute which is the subject of the case. In the event of an out-of-court settlement of the dispute, the claim of the injured party concerned on the damage caused by the violation shall be reduced by the share of the co-perpetrator of the violation agreed with him. The remainder of the claim of the injured party may be brought only against the co-perpetrators who have not been involved in the settlement of the dispute. Unless they have been involved in settling the dispute, co-perpetrators may not pay damages corresponding to the remainder of the claim of the injured party involved in the settlement of the dispute, the latter may bring the remainder of his claim against the co-perpetrator involved in the dispute settlement. At the request of the court, the CPC is obliged to assist it in determining the amount of the damages. Fines are provided for failure to provide information requested by the court.

State Gazette, issue 7 /January 19th, 2018
Consolidation of anti-corruption legislation implements the Law on Counteracting Corruption and for Removal of Illegally Acquired Property. In a normative act, the provisions of the previous Law on the forfeiture of the illegally acquired property in the state are covered; Law on Publicity of the Property of Persons Holding Higher State and Other Posts, Law on Prevention and Conflict of Interests. Measures under the new law are being implemented by the Commission to counteract corruption and to take away illegally acquired property. There is a legal definition of the term “corruption” - it occurs when, as a result of a senior public office, the person abuses power, violates or does not perform official duties for the purpose, directly or indirectly, of retrieving undue material or immaterial benefit for himself or for others.
The counteraction of corruption is accomplished through: 1. preventive and operative-search activities; 2. declaration of incompatibility; 3. declaration of the property and interests of the persons holding senior public positions and the persons related to them; 4. providing public access to the declarations; 5. Verification of declarations; 6. Inspection, analysis and assessment of the assets; 7. Establishing a conflict of interests and imposing sanctions and other measures in case of an established conflict of interest; 8. public disclosure of the names of the persons who have not filed declarations or whose declarations are found to be incompatible and the names of the persons for whom a conflict of interest has been established; 9. referral to the competent authorities in the cases provided for in this Act; 10. other means and means provided in this Act. There are explicitly stated in 50 positions, headed by the president, the persons holding senior public positions in the sense of the law. The Anti-Corruption Commission will interact with the Prosecutor’s Office, MoI, SANS, NRA, the Customs Agency, the inspectorates at the Council of Ministers, the Supreme Judicial Council and the state agencies. The conditions, the order and the terms for the implementation of the interaction shall be determined by a joint instruction of the Commission, the Prosecutor General, the Minister of Finance and the Minister of Interior, the President of the State Agency for National Security and the Chief Judicial Inspector.
Anonymous alerts shall not be accepted, considered and referred to jurisdiction, both in the procedure of election of members of the Commission and in the conduct of its activities. Each alert shall contain: 1. the full names, single citizenship number, address, telephone, fax and email address of the sender, if any; 2. the names of the person against whom the alert is filed and the senior public position occupied by him; 3. particulars of the alleged violation, including place and period of the offense, description of the act and other circumstances in which it was committed; 4. reference to documents or other sources containing information supporting the signal, including the indication of persons who could confirm the data reported or provide additional information; 5. date of submission of the alert; 6. signature of the sender. Any source of information supporting the statements made in it can be attached to the signal. The Commission will refer to information in media broadcasts if it meets the conditions of points 2 to 4.

State Gazette, issue 10 /January 30th, 2018
A new law on private security activity regulates the terms and conditions for its implementation, administrative regulation and administrative control. Private security activity is defined as a commercial activity aimed at protecting the life and health of individuals, safeguarding the property of natural and legal persons, ensuring a maximum level of security in the transport of valuable parcels and cargo, ensuring the unhindered conduct of various nature and type of events. The activity is performed on the basis of a written contract from traders after obtaining a license for the territory of the whole country or a separate area. The types of private security activities are: 1. personal security of individuals; 2. guarding the property of natural or legal persons; 3. signal-security activity; 4. personal property of persons; 5. guarding of drinking and entertainment establishments, discotheques, gaming and computer halls; 6. guarding of urbanized territories; 7. guarding of events; 8. guards when transporting valuable parcels or cargoes; 9. guarding of agricultural property. Physical strength, auxiliary and technical means may be used to carry out the activities, with the guards being armed or unarmed. The conditions, the minimum security and safety requirements of the guarded objects, including the necessary technical equipment, vehicles and personnel, shall be regulated.
Contracting entities under a security contract are legal persons or adult and capable physical persons who are the owners or users of the legal grounds for such property. Where the owner of the property is a minor or incapacitated person, the contract agent for his security is the legal representative of the person. The license to perform private security activities is issued by the Director of the General Directorate “National Police” of the Ministry of Interior. The license is issued without a time limit and in respect of certain security activities in the presence of restrictive requirements fulfilled by the applicant, including the personnel employed by him. The non-fulfillment of the mandatory prescriptions of the control bodies provides for administrative and criminal liability, the establishment of the violations, the issuance, the appeal and the execution of the punitive decrees shall be carried out by the order of the Administrative Violations and Sanctions Act.