Code of Civil Procedure, No. 59/2007, July 20, 2007 [English version]

In a civil or administrative case the court can base a request of information disclosure either on Article 190 of the Civil Procedure Code (CPC) if the ISP is participating to the trial or on Article 192 (2) of CPC if the ISP is not participating to the trial and is therefore a third party.

(1) According Article 190 of CPC “each party may approach the court with a request to obligate the other party to present a document in the possession thereof, explaining the relevance of the said document to the dispute”. Article 191 (1) of CPC includes an exhaustive list of the circumstances in which the party could refuse to present the information requested  by the court under Article 190, including the case in which “this would lead to defamation or to criminal prosecution of the party or of any relatives”. 

(2) Under Article 192 (2) of CPC, if the ISP is a third party and  does not participate to the  trial, one of the parties can ask the court to issue a court order addressed to any third party, requesting them to disclose information which could be relevant for the trial. There are no grounds on which the ISP can deny to present the information requested unless he does not possess it. 

(3) If an ISP simply refuses to present the requested information to the  court, he faces only a fine, under Article 87 CPC, up to BGN 300 (approximately 166 USD). The fine for any breaches which impede the course of proceedings or which are re-committed shall be up to BGN 1,200 (approximately 666 USD), in a civil or administrative case (Article 91, CPC) or up to 1000 BGN (approximately 555 USD) in a criminal case (Article 133 (2), Criminal Procedure Code).