Bulgaria Supreme Court interpretative cases 2026

As of April 2026, the Supreme Court of Cassation (ВКС) has more than 15 pending interpretative cases (тълкувателни дела, abbreviated тд), in which the court settles conflicting case law. They are divided among three general assemblies: of the Civil Chamber (ОСГК), of the Civil and Commercial Chambers together (ОСГТК) and of the Criminal Chamber (ОСНК). The upcoming sessions, concentrated in April to June and October 2026, will answer fundamental questions of civil, commercial and criminal law. For practising lawyers, following these cases is critical, because the interpretative decisions expected will be binding on all courts.

In this analysis we present a full overview of the pending interpretative cases by chamber, the procedure for opening them, recent interpretative decisions and a calendar of the sessions scheduled for 2026.

What an interpretative case is and why it matters in practice

The interpretative procedure is regulated in Arts. 124-132 of the Judicial System Act (ЗСВ). Its purpose is to unify conflicting case law on specific legal questions. When different panels of the ВКС take different positions on a question, the general assembly of the relevant chamber (or of both chambers, in the case of the ОСГТК) adopts an interpretative decision, which ends the conflict.

An interpretative decision should be distinguished from an interpretative ruling (тълкувателно постановление). An interpretative decision is adopted by the general assembly of one or two chambers of the ВКС (or of the Supreme Administrative Court (ВАС)), while an interpretative ruling is adopted at a joint session of the ВКС and the ВАС (Art. 124(2) ЗСВ). Both have the same binding force, but rulings are considerably rarer.

Procedure for opening an interpretative case

The initiative to open an interpretative case belongs to the persons exhaustively listed in Art. 125 ЗСВ: the President of the ВКС, the President of the ВАС, the Prosecutor General, the Minister of Justice, the Ombudsman and the Chairperson of the Supreme Bar Council (ВАдвС). In practice, the most common route is Art. 292 of the Civil Procedure Code (ГПК), under which a three-member panel of the ВКС that finds conflicting case law stays the proceedings and proposes that the general assembly adopt an interpretative decision.

Pending cases of the ОСГК (Civil Chamber)

The General Assembly of the Civil Chamber (ОСГК) hears interpretative cases on questions of civil and family law. As of April 2026, the ОСГК has 6 pending interpretative cases with sessions scheduled until the end of the year. One case from 2024 (case 5/2024, on acquisitive prescription under the Ownership and Use of Agricultural Land Act (ЗСПЗЗ)) has already been decided after a session on 5 June 2025.

Among the most anticipated is case 1/2025, whose session is scheduled for 23 April 2026. Also of great practical interest are the three cases with sessions scheduled for October 2026 (cases 4/2025, 1/2026 and 2/2026). The case opened at the request of the Commission for Combating Corruption and for the Forfeiture of Illegally Acquired Assets (КОНПИ) will resolve disputed questions arising from its practice.

Pending cases of the ОСГТК (Civil and Commercial Chambers)

The General Assembly of the Civil and Commercial Chambers (ОСГТК) is the formation that hears questions affecting both chambers, for example limitation periods, enforcement proceedings, and contract and commercial law. The ОСГТК has 7 pending interpretative cases.

Of particular interest to lawyers is case 2/2024 (ОСГТК), which concerns whether a young child’s contribution to the harm (through non-use of a restraint system under Art. 137в ЗДвП) can be a ground for reducing compensation. The decision will have a direct effect on practice in insurance cases.

Pending cases of the ОСНК (Criminal Chamber)

The General Assembly of the Criminal Chamber (ОСНК) has 2 pending interpretative cases. The Criminal Chamber hears fewer interpretative cases than the civil chambers, but its decisions are of the utmost importance for criminal justice.

For full and up-to-date information on the ОСНК cases, you can check directly on the ВКС page on interpretative cases of the Criminal Chamber, where all orders and accompanying documents are published.

Recent interpretative decisions: key questions and answers

In 2024-2025 the ВКС issued several important interpretative decisions that are already influencing case law. Here is a summary of the most significant of them.

Interpretative decision (ТР) in case 2/2023 (ОСГТК), 4 July 2024

One of the most important interpretative decisions in the field of enforcement proceedings. The ОСГТК ruled on the questions of peremption (перемпция, the lapse of enforcement proceedings through inaction) in the case of joint and several debtors and of limitation in enforcement proceedings. The full text of the decision is available on the ВКС website.

Interpretative decision (ТР) in case 3/2023 (ОСГТК), 21 November 2024

The decision addresses the question of limitation for instalments with different due dates, a practical issue that matters to every lawyer working with credit and leasing contracts. The full text is available on the ВКС website.

Interpretative decision (ТР) in case 2/2024 (ОСНК), 13 May 2025

The most recent interpretative decision of the Criminal Chamber addresses questions concerning Art. 55 of the Criminal Code (НК) and the cumulative penalty of a fine. The decision clarifies the criteria for determining the sentence where there are multiple offences. The full text is on the ВКС website. See also our analysis of Art. 313 НК for related criminal-law subject matter.

Calendar of upcoming sessions in 2026

The general assemblies’ sessions for 2026 are concentrated in two main periods: spring (April to June) and autumn (October). Below is a chronological overview of the scheduled dates.

Practical tips for following interpretative cases

Following interpretative case law systematically is part of good legal practice. Missing a new interpretative decision can lead to building a legal strategy on an interpretation that has already been superseded. Here is a checklist for effective monitoring.

The ВКС interpretative decisions are published in full on the court’s official website, including the full text of the decisions, the rulings admitting the cases and any dissenting opinions. For a quick look-up on a specific question of interpretative case law, you can ask Pravko and get an analysis with citations from the relevant decisions.

Pravko provides legal information but does not replace consultation with a lawyer. For important legal questions, consult a licensed lawyer.