Bulgaria's top court has sent the case over the registration of the "Bulgarian Orthodox Old Calendar Church" back for a fresh hearing, before a different panel at Sofia City Court. The Supreme Court of Cassation's ruling is final and cannot be appealed.
The case landed at the top court after the Old Calendar Church itself appealed a ruling by the Sofia Appeal Court, which had overturned the city court's decision and cleared the way for the church to be wound up and struck from the register.
At the appeal court, the Sofia City Prosecutor's Office had brought the appeal, challenging the city court's refusal to cancel the church's registration. It wanted the church wound up under Article 20a, paragraph 1, points 2 to 4 of the Religious Denominations Act.
"Winding up the church would breach its right to exist as an independent legal entity and hold civil rights," the Supreme Court of Cassation said in its ruling.
It added that this would also curb each member's personal, constitutionally protected right to practise their religion, affect people's freedom to form religious associations, and limit their right to register a community under a name, structure and leadership of their own choosing.
For this reason, the court ruled that these rights can only be touched once the church has had a chance to defend itself against the bid to wind it up. That defence must happen in civil proceedings, with both sides on equal footing, where each one lays out specific facts under Article 20a, paragraph 1, points 2 to 4 of the law and backs them up with evidence.