The Supreme Administrative Court dismissed the request of the BNB Governing Council to withdraw the preliminary reference to the Court of Justice of the European Union on the case of the early dismissal of Andrey Gyurov from the position of Deputy Governor of the national bank, on the occasion of which case No. C-611/2024 was initiated.
With the same ruling, the Supreme Magistrates also dismissed the request of the BNB Governing Council to terminate the proceedings in administrative case 7373/2024 of SAC.
In order to reach this result, the SAC panel took into account all the opinions of the parties, the presented evidence and the circumstances known to it ex officio regarding the change in the position held by Andrey Gyurov as Minister – Chairman.
In the opinions submitted in the case by Andrey Gyurov with entry No. 9067 of March 27, 2026 and entry No. 9407 of April 1, 2026, the appellant takes the position that he has not lost legal interest in challenging Decision No. 340 of July 16, 2024 of the BNB Governing Board on his early dismissal from the position of Deputy Governor, Head of the “Issue” Department at the Bulgarian National Bank. It is explicitly stated that the possible annulment of the administrative act in question would have favorable legal consequences for the appellant. The appellant points out that, on the one hand, the annulment of the contested decision of the BNB Governing Board would protect his good name in society, and on the other hand, the annulment of the contested administrative act is grounds for seeking compensation for material and non-material damages suffered.
In view of these considerations, the appellant expresses an opinion that the requests submitted to the court by the BNB Governing Board to resume the proceedings in the case are unfounded; to withdraw the preliminary reference submitted to the CJEU, on which case C-611/2024 was initiated; to leave the appeal of Andrey Gyurov against decision No. 340 of July 16, 2024 of the BNB Governing Board without consideration and to terminate the proceedings in the case.
The Supreme Magistrates accept that in this case Andrey Gyurov has a legal interest in contesting, insofar as a positive result for him creates prerequisites for realizing his right to seek compensation for both material and non-material damages suffered. In this sense, the provision of Art. 204, para. 1 of the APC explicitly states that a claim for compensation for damages may be filed after the cancellation of the administrative act in accordance with the relevant procedure, i.e. the annulment of the administrative act constitutes an absolute procedural prerequisite with regard to the claim for compensation.
In view of the above, the present court panel accepts that the appellant Andrey Gyurov has not lost legal interest in the annulment of the contested decision of the BNB Governing Board, regardless of the fact that as of February 19, 2026, his powers as Deputy Governor of the BNB were terminated pursuant to Art. 13, para. 8 of the BNB Act.
The Supreme Magistrates also consider the request made by the BNB Governing Board to withdraw the preliminary inquiry submitted in the case of Gyurov's early dismissal from his position in the BNB to be unfounded, since the correct resolution of the dispute requires an interpretation of the norms of EU law, which are indicated in the preliminary inquiry submitted.
The decision in administrative case 7373 of 2026 of the Supreme Administrative Court is final, and a copy of it will be sent to the CJEU in case C-611/2024.