Litigation in Slovenia

1. General Trends

1.1. What is the current state of litigation in your jurisdiction, and what recent trends or developments have been observed?

In recent years, Slovenia’s litigation landscape has experienced some notable developments and emerging trends. Since the enactment of the Collective Actions Act in 2017, Slovenia has seen a significant rise in collective legal proceedings. Initially, only three collective actions were filed before 2021. However, from 2021 onwards, approximately 20 new collective actions have been initiated. These include cases against major corporations such as Apple Inc. for alleged deliberate reduction in iPhone functionality, various Slovenian banks for not applying negative EURIBOR interest rates to consumer loans, and leading telecommunications operators for alleged unlawful unilateral price increases.

Furthermore, even though the process of digitalization of litigation started with the amendment of the Civil Procedure Act in 2002, it was not until recently that the Slovenian judiciary made significant progress in digitalization, contributing to greater efficiency and accessibility of judicial procedures. Submission of electronic applications was first introduced for insolvency proceedings, enforcement proceedings, and land registry procedures. As of January 15, 2024, applications and documents may be submitted and served by electronic means in succession proceedings, proceedings for the acquisition of full legal capacity of the child who has become a parent, proceedings for the authorization of marriage, matrimonial proceedings, proceedings for the establishment and contestation of paternity and maternity, proceedings for the protection of the best interests of the child, proceedings for the protection of housing in the event of the dissolution of a marriage, and proceedings under the law on the prevention of domestic violence.

1.2. What are the key legal frameworks that regulate litigation?

The fundamental law governing litigation in Slovenia is the Civil Procedure Act, which regulates civil litigation and defines the rules for filing a lawsuit, the procedure before the court, the rights and duties of the parties to the proceedings, the procedure for service of pleadings, the taking of evidence, adjudication, and remedies.

The rules of litigation are also included in the Non-Contentious Civil Procedure Act, which governs non-contentious procedures in Slovenia. Unlike adversarial civil litigation, non-contentious procedures are typically used for cases where there is no direct legal dispute between opposing parties but rather a need for judicial intervention to regulate legal relationships or determine rights. Non-Contentious Civil Procedure Act therefore covers special judicial procedures such as guardianship, family law matters, relations between co-owners, etc.

In addition, the rules of litigation are also regulated by the Labor and Social Courts Act, which governs legal proceedings in employment and social security disputes.

European legal rules, such as the Brussels I Regulation, which regulates jurisdiction and the recognition and enforcement of foreign judgments in civil matters within the European Union, also have an important impact on litigation. Slovenia is a signatory to various international treaties and conventions, which have an important impact on Slovenian judicial proceedings, in particular in terms of ensuring fair trials and the protection of human rights.

2. Jurisdiction and Competence

2.1. How is the court system structured in your jurisdiction?

The court system of the Republic of Slovenia consists of general and specialized courts. General courts operate at four levels: local and district courts (first-instance courts), higher courts, which allow appeals against first-instance courts, and the Supreme Court, which is the highest court in the country.

Among the general courts, district courts, and local courts have jurisdiction to hear cases at first instance, with jurisdiction divided according to the merits of the case. As a general rule, local courts have jurisdiction over disputes on pecuniary claims where the value of the subject of the dispute does not exceed EUR 20,000 and regardless of the value of the subject of the dispute in disputes arising from interference with possession, easements, and real encumbrances, renting and leasing, as well as in the vast majority of proceedings before the non-contentious court.

On the other hand, the district courts have jurisdiction to adjudicate in disputes on pecuniary claims if the value of the subject of the dispute exceeds EUR 20,000, as well as in commercial and family law disputes, disputes arising out of copyright and from bankruptcy proceedings.

There are 44 local courts and 11 district courts in Slovenia.

In the second instance, higher courts decide on appeals against decisions of courts of first instance (local and district courts), jurisdictional disputes between such courts, and certain other matters. In Slovenia, there are four higher courts of general jurisdiction, namely Celje Higher Court, Koper Higher Court, Ljubljana Higher Court, and Maribor Higher Court, and two courts with the status of a higher court, namely Ljubljana Higher Labor and Social Court and the Administrative Court of the Republic of Slovenia.

The Supreme Court is the highest authority among state judicial authorities, adjudicating at the third instance on regular legal remedies against the decisions of courts of the second instance and, as a rule, on extraordinary legal remedies against final decisions of courts.

The Constitutional Court is the highest judicial authority for the protection of constitutionality, legality, human rights, and fundamental freedoms. As an independent and autonomous constitutional body, it operates outside the traditional separation of powers, holding special jurisdiction compared to other courts with judicial functions.

2.2. Are there specialized courts for specific types of litigation?

Slovenia has two types of specialized courts, divided into labor courts, which are competent to reach decisions on labor-law disputes and disputes arising from social security, and the Administrative Court, which provides judicial protection in administrative matters and has the status of a higher court.

2.3. How is jurisdiction determined in cross-border litigation, especially in cases involving foreign parties or multiple jurisdictions?

Jurisdiction in cross-border litigation in Slovenia depends on: EU Regulations (if an EU party is involved), International Conventions (e.g., Lugano Convention), and Slovenian National Law (if no EU Regulations and International Conventions apply).

For disputes involving foreign parties or multiple jurisdictions, Slovenia primarily applies EU Law – Brussels I Recast (Regulation No. 1215/2012), which determines which EU member state’s courts have jurisdiction. The general rule is that jurisdiction is based on the defendant’s habitual residence or domicile (Article 4). Special jurisdiction applies in certain cases, such as contractual disputes (court where the obligation is to be performed), tort cases (e.g., damages, court where the harmful event occurred), consumer and employment disputes (protects weaker parties, e.g., consumers can sue in their home country).

However, if no EU Regulations and International Conventions apply when determining the jurisdiction of Slovenian courts is determined by the use of the Private International Law and Procedure Act, which primarily determines the jurisdiction of Slovenian Courts in cases, where the defendant’s domicile or residence is in Slovenia.

Regardless of the above, in real estate disputes for properties located in Slovenia and in company law cases, where the company is registered in Slovenia, the exclusive jurisdiction of Slovenian courts applies.

3. Initiating Litigation

3.1. What are the primary steps required to initiate litigation in your jurisdiction?

Initiating litigation in Slovenia follows a structured legal process, primarily governed by the Civil Procedure Act for civil cases.

Before a lawsuit can be filed, certain procedural prerequisites must be met. Firstly, the court must have subject-matter jurisdiction, meaning it is competent to hear the type of dispute, as well as territorial jurisdiction, meaning the case must be filed in the correct geographic location. Therefore, to initiate litigation, the plaintiff must file a lawsuit with the court, which has general territorial jurisdiction for the defendant (based on the permanent residence of the defendant), unless a Civil Procedure Act provides for the exclusive territorial jurisdiction of another court.

Secondly, the plaintiff and defendant must have the legal capacity and the ability to participate in proceedings If a party lacks legal capacity (e.g., a minor or legally incapacitated person), they must be represented by a legal guardian.

Thirdly, a valid legal claim must exist; the plaintiff must demonstrate a concrete legal interest in seeking judicial protection. Therefore, the lawsuit must include details of the parties (name, surname, residence, and personal registration number or tax number for both plaintiff and defendant), the legal and factual basis of the claim, the relief sought (e.g., damages, specific performance), supporting evidence and witness proposals. In cases, where the jurisdiction of the court depends on the value of the subject of the dispute and the subject of the claim is not a monetary sum, the plaintiff shall also indicate in the action the value of the subject of the dispute.

As a rule, at the start of the proceedings, a court fee must be paid, the amount of which is specified in the Court Fees Act, and usually depends on the value of the subject of the dispute (the amount of the claim).

Additionally, when initiating the procedure, there should be no pending identical case (lis pendes) between the same parties on the same matter, which means that, while a lawsuit is pending, it is not permissible to commence a new lawsuit on the same claim between the same parties, as well as no final judgment (res iudicata) already resolving the dispute. This means that a new lawsuit is prohibited in a case that has already been finally adjudicated.

3.2. Are there any specific requirements for parties regarding pre-litigation procedures?

Specific requirements for parties regarding pre-litigation are dependent on the type of the case. Therefore, in family law cases prior counseling before the social work center is mandatory in disputes involving child custody, visitation rights, and alimony before filing a lawsuit. Prior mediation is also compulsory in some commercial law matters if the parties have agreed in advance that mediation will be used to resolve disputes between them that may arise out of a particular legal relationship.

Additionally, when the dispute arises from a relationship with the state and the plaintiff intends to initiate litigation or another proceeding against the state or a state authority must first submit a proposal to the State Attorney’s Office to resolve the disputed relationship amicably before initiating litigation or any other proceeding.

4. Timelines

4.1. What are the typical timelines for different stages of litigation, from initiation to resolution?

In Slovenia, the timelines for different stages of litigation are not determined in the Civil Procedure Act and they vary depending on the complexity of the case, the court’s workload, and whether the parties engage in pre-litigation settlement procedures.

However, after receipt of the lawsuit, the court shall make preparations for the main hearing, preparations for the main hearing shall include a preliminary examination of the action, service of the action on the defendant to enable him or her to respond, and the scheduling of the preparatory hearing and the main hearing.

Once the defendant receives the lawsuit, the court generally appoints him 30 days to file a response. However, the time limit for filing a defense may be shorter in certain proceedings (e.g., 8 days in litigations for interference with possession and in small claims disputes).

The court shall serve the response to the lawsuit on the plaintiff within 30 days of its receipt.

During the preparations for the main hearing, parties may send submissions in which they state the facts they intend to allege at the main hearing and the evidence they intend to present. Without a court summons, each party may only send two preparatory submissions. This can be done not later than 15 days before the preparatory hearing, otherwise, the court shall not consider the preparatory submission.

After receiving the response to the lawsuit, the court shall schedule a preparatory hearing at which it shall openly discuss the legal and factual aspects of the dispute with the parties, so that the parties may supplement their arguments and legal views and present further evidence, express their opinion on such evidence and seek to conclude a court settlement. The preparatory hearing shall also be intended for the preparation of a program for the conduct of proceedings. A preparatory hearing shall be scheduled so that enough time is left to the parties for preparation, and not sooner than after 30 days from the receipt of the summons.

After the preparatory hearing, the hearing for the main hearing shall be scheduled.  However, however, the court usually holds the preparatory hearing and the first hearing for the main hearing at the same time.

When the court considers that the case has been heard to such an extent that a decision may be made, the president of the panel shall announce that the main hearing has been concluded and a judgment shall be made immediately after the conclusion of the main hearing. However, if the court is unable to render a judgment on the same day after the main hearing is concluded, it shall postpone the rendering and announcement of the judgment for not more than eight days and shall determine when and where it will be announced. In complex cases, the court may decide that the judgment be rendered in writing. In such cases, the judgment shall not be announced but shall be served on the parties in writing within 30 days of the conclusion of the main hearing. However, in some cases, it can take longer, particularly if the case involves complex legal or factual issues.

Parties may lodge an appeal against a judgment rendered by a court of first instance within 30 days from the date of service of the copy of the judgment, and in disputes involving bills of exchange and cheques, the time limit shall be 15 days. The time limit for filing an appeal may be different for certain types of disputes.

The appellate process can take an additional six months to one year, depending on the complexity of the case and the workload of the appellate court.

After the decision on the appeal, a party may, within 30 days of receiving the decision of the appellate court, file an extraordinary legal remedy before the Supreme Court, a request for the admission of a revision due to a substantial violation of the provisions of the civil procedure before the first-instance court, which the party raised before the second-instance court, or due to a substantial violation of the provisions of the civil procedure before the second-instance court or due to incorrect application of substantive law.

If the Supreme Court grants the revision, the party must file it within 15 days of receiving the decision on the request for the admission of the revision.

4.2. Are there specific time limits for filing claims, and do these vary depending on the type of dispute?

Notwithstanding the above, it is important to note that the statute of limitations for filing claims in Slovenia varies based on the type of dispute, with common time limits being three years (e.g., for tort, unpaid debts between business entities), five years (e.g., for general civil claims), and 10 years for certain property claims. It is important for parties involved in litigation to be aware of these time limits, as failure to file within the prescribed period may result in the loss of the right to pursue the claim.

There are also certain claims that become statute-barred after one year, e.g., claims relating to the services supplied (electricity, energy, gas, water, radio, television, use of telephones, subscription fees, internet access) as well as the right to request the annulment of a challengeable contract.

Additionally, the lawsuit in the litigations for interference with possession should be brought before the court within 30 days from the date of the last interference.

5. Interim Measures

5.1. What interim remedies are available in your jurisdiction?

In Slovenia, interim remedies are primarily regulated by The Enforcement and Securing of Claims Act, which regulates interim measures in enforcement and securing procedures. However, the provisions of The Enforcement and Securing of Claims Act also apply in litigation. Special provisions on interim measures are set out in the Courts Act, the Copyright and Related Rights Act, the Industrial Property Act, in a minor part in the Employment Relationship Act, and the Administrative Dispute Act. In proceedings relating to matrimonial actions and actions concerning relations between parents and children, interim measures are also partially regulated by the Enforcement and Securing of Claims Act.

The Enforcement and Securing of Claims Act regulates preliminary injunctions and interim measures. Whereas the court can grant a preliminary injunction on the basis of a decision of a domestic court or another authorized body ordering the payment of a monetary claim that has not yet become enforceable, interim measures are used to provide temporary protection to the parties until the final decision is made and can include measures such as injunctions, temporary payments, and securing claims. There is a distinction between interim measures to secure monetary claims and those to secure non-monetary claims. Interim measures to secure monetary claims may only be of a preventative nature, usually imposing some prohibition upon the respondent and/or its property (e.g. prohibiting the respondent from disposing of and taking custody of the respondent’s movable property, from alienating or encumbering its immovable property or its rights in immovable property entered in the land register and ordering the entry of such prohibition onto the land register, or he respondent’s debtor from settling its debts or delivering goods to the respondent and prohibiting the respondent from receiving property or enforcing a claim against its debtor). Interim measures to secure non-monetary claims can be preventative or regulatory.

5.2. Under what circumstances can a party obtain an interim injunction, and how quickly can such relief be granted?

The conditions for granting an interim injunction vary depending on the type of order. The court shall grant an interim injunction to secure a monetary claim if the applicant demonstrates the probability that the claim against the respondent exists or is about to arise. In addition, the applicant shall prove the existence of risk that the enforcement of his claim is likely to be rendered impossible or considerably impeded due to the alienation, concealment, or other manner of disposal of property by the respondent.

On the other hand, the court shall grant an interim injunction to secure a non-pecuniary claim if the applicant demonstrates the probability that the claim against the respondent exists or is about to arise. In addition, the applicant shall demonstrate the probability of one of the following circumstances: (a) existence of risk that the enforcement of his claim is likely to be rendered impossible or considerably impeded, (b) that the injunction is necessary to prevent the use of force or to avoid damage difficult to repair, (c) that, in the event that the injunction applied for proves unsubstantiated, the harm to the debtor would not outweigh the harm to the creditor if the injunction is denied.

For both types of interim injunctions, the applicant shall not be bound to prove the risk if he proves that it is likely that the injunction will cause only insignificant loss to the respondent and the risk shall be deemed to exist if the claim is to be enforced abroad, but not if the claim is to be enforced in a Member State of the European Union.

The interim injunction procedure is fast, but there is no specific time frame in the legislation in which the court must grant interim measures. The time at which a court issues a decision is thus largely determined by the complexity and the need for a hearing. In some cases, the court may decide to issue the injunction ex parte (without obtaining the response of the other party before the decision), especially if there is a risk of the other party acting before the injunction can be requested, and in other cases, the court may obtain a response of the other party to the motion as well as schedule a hearing to hear both parties before making its decision.

6. Discovery

6.1. What are the rules governing the discovery process in your jurisdiction?

In Slovenia, the discovery process in litigation is governed by the Civil Procedure Act. While Slovenia does not have an exact equivalent to the discovery process as seen in some common law jurisdictions, it has mechanisms that allow parties to request and exchange evidence during litigation. These mechanisms ensure that both parties have access to the relevant facts and documents necessary to prove their case.

Each party bears the burden of proof and the burden of proving its claims and objections (the principle of discussion). This means that each party must state the facts on which its claims and objections are based (onus proferendi) and produce the evidence on the basis of which these facts can be proved (onus probandi). The rule that the court may not take into account a fact that has not been asserted by any of the parties has been relaxed by the so-called substantive procedural guidelines. In principle, evidence which has not been adduced by either party may not be adduced at all. Exceptionally, the court may take evidence of its own motion if it is clear from the hearing and the evidence that the parties intend to dispose of the claims in an impermissible manner and thus bypass the law.

Notwithstanding the above, there is no need to provide evidence for facts that the party has admitted before the court in the course of proceedings, but the court may also order the presentation of evidence for these facts if it deems that the party admitted them with the purpose of seeking to dispose of a claim he or she cannot dispose of.

Facts that a party does not deny or which he or she denies without giving reasons shall be deemed to have been admitted unless the purpose of denying these facts is evident from the other statements made by the party. The party may also prevent the effect of the presumption of admittance of the facts referred to in the preceding provision by stating that he or she does not know the facts, but only if these facts do not relate to that party’s conduct or perception. Additionally, facts whose existence is presumed by legislation do not need to be proven, but it may be proven that they do not exist unless otherwise prescribed by legislation. Facts that are common knowledge do not need to be proven as well.

6.2. What types of evidence can be requested, and how are discovery disputes resolved?

The Civil Procedure Act sets out five types of evidence: on-site inspection, documents, witnesses, experts, and hearing the parties.

If a party proposes evidence that the other party considers to be illegally obtained or inadmissible, the court applies the proportionality test. The proportionality test is an important legal instrument in court proceedings, used to balance different rights and interests. The court must carefully weigh all the conflicting rights and give priority to the right that is more justified in the given context. In practice, the proportionality test is used to assess the reasonableness, necessity, and proportionality of a measure in the strict sense. It involves a balancing exercise between different rights and interests, with important consideration of the right to evidence as part of the right to a fair trial.

The discovery disputes can also arise when one party refers to a document and claims that it is in the possession of the other party. In such cases, the court may, on the motion of the party, order the other party to submit such a document and shall set a time limit for him or her to do so. A party may not refuse to submit a document if he or she relied on it in the litigation to prove his or her statements or if it is a document that has to be submitted or produced provided by legislation or on the basis of a legal transaction or whose contents relate to both parties to the litigation. If a party that has possession of a document refuses to act according to the court order ordering him or her to submit the document or if the party denies, contrary to the court’s conviction, that he or she is in possession of the document, the court may deem that the document exists and that its content is such as claimed by the opposing party. The court may, on the motion of a party, order the third person to submit a document as well. The party’s motion must contain the designation or type of the document, an indication of the fact to be proven by the document, the most accurate possible description of the content of the document, and an indication of the facts on the basis of which it can be concluded that the document is in the possession of the other person. If the third person denies his or her obligation to submit the document that is in his or her possession, the civil court shall decide whether that third person is obliged to submit the document. If the third person denies that the document is in his or her possession, the court may take evidence to establish this fact.

6.3. How is evidence presented and evaluated during litigation?

As explained above, each party must submit evidence in their pleadings to substantiate the facts they present in the proceedings. Each party shall, at the latest at the first hearing, state all the facts necessary to substantiate his or her motions, offer evidence necessary to establish his or her statements, and declare his or her position about the statements and evidence offered by the opposing party. This shall also apply to raising objections for reasons of set-off and of statute of limitations.

The parties may also state new facts, present new evidence, and raise objections for reasons of set-off and statute of limitations after the first hearing for the main hearing, but only if they were unable to present them at the first hearing through no fault of their own or if in the court’s opinion, their admission would cause a delay in resolving the dispute.

The facts, evidence, and objections for reasons of set-off and statute limitations stated or raised after the first hearing shall not be taken into account by the court.

The court decides what facts are to be considered proven, weighing each piece of evidence presented by the parties separately and all the evidence together, acting with care and diligence, and taking into account the success of the proceedings as a whole. Discretion means that the court is not bound by legal rules of evidence, but the assessment of the evidence must be reasoned and verifiable. The court must first assess each piece of evidence individually and make logically cogent and plausible arguments for or against the probative value of each piece of evidence. This is followed by a comparison of each piece of evidence against each other, which allows for a final assessment that takes into account the whole procedure, including the actions of the parties and their submissions. If the court is unable to make a reliable finding of fact on the basis of the evidence adduced, it shall decide on the basis of the burden of proof rule. The rule on the burden of proof provides that the court must find against the party who relied on the unproven allegation and therefore bore the burden of proving its truth.

7. Enforcement of Judgments

7.1. What types of judgments can be issued in civil litigation, and how are they enforced?

The court can give different judgments depending on the nature of the case, the procedural status, and the evidence presented. The types of judgments are primarily regulated by the Civil Procedure Act.

A final judgment is issued when the court makes a definitive decision on the merits of the case, fully or partially resolving the dispute between the parties. However, there are different types of final judgements, namely (a) judgment on the merits, where a court determines whether the plaintiff’s claim is justified and either grants or rejects the claim, (b) partial judgment, issued when the court decides part of the claim before resolving the entire case (especially when only some of several claims are ready for a final decision on the basis of admission or litigation, or if only part of one claim is ready for a final decision), (c) interlocutory judgement, issued in cases where the defendant has challenged both the grounds for the claim and the amount of the claim and if, in respect of the grounds, the case has become ready for a decision, the court may, if this is prudent, render a judgment solely on the grounds for the claim. The court may rule by way of an interlocutory judgment that the objection to the statute of limitations is ill-founded.

A default judgment is issued when the defendant fails to appear in court or does not respond to the lawsuit. However, there are certain conditions when issuing a default judgment, namely, (a) that the lawsuit has been duly served on the defendant for his or her response, (b) that the action does not contain a claim which the parties may not dispose of, (c) that the well-foundedness of the claim from the action arises from the facts stated in the action, (d) that the facts on which the claim is based are not contrary to the evidence presented by the plaintiff or to facts that are common knowledge.

In cases, where the plaintiff waives the claim before the main hearing is concluded, the court shall, without further consideration, render a judgment dismissing the claim (judgment based on waiver of the claim).

If the defendant admits the claim before the main hearing is concluded, the court shall, without further consideration, render a judgment granting the claim (judgment based on admission of the claim).

In cases where the plaintiff files a payment order (e.g., unpaid invoices or debts), the court may issue a summary judgment if the claim is supported by credible documents (e.g., signed invoices, promissory notes) and the defendant does not oppose the payment order within the prescribed period. If the defendant objects, the case proceeds as a standard civil lawsuit.

Judgments, based on the type of legal protection they provide, are classified into (a) performance (condemnatory) judgments, requiring the defendant to perform an action, refrain from an action, or tolerate something, (b) declaratory judgments, confirming the existence or non-existence of a legal right or relationship and (c) constitutive judgments which create, modify, or terminate a legal relationship.

Based on their ruling, judgments are classified into (a) granting judgments (where the claim is fully upheld), (b) dismissal judgments (where the claim is fully rejected), and (c) mixed judgments (where the court partially grants and partially dismisses the claim).

Judgments are enforced through a separate enforcement procedure governed primarily by the Enforcement and Security Act. If the losing party (debtor) does not comply with a final and enforceable judgment voluntarily, the winning party (creditor) can initiate enforcement proceedings. A judgment can be enforced if it is final and enforceable (meaning no further ordinary appeals are possible and the period for voluntary fulfillment of the obligation has expired), and if it contains a specific obligation of the debtor (e.g., payment of money, delivery of goods, or vacating property).

7.2. Are there specific provisions for cross-border litigation or enforcement of foreign judgments?

For cross-border litigation, where the jurisdiction of Slovenian courts is determined, a plaintiff or his or her statutory representative who is in a foreign country and where the plaintiff does not have a counsel in the Republic of Slovenia shall be obliged, when filing an action, to appoint a person authorized to receive court documents in the Republic of Slovenia. If the plaintiff or his or her statutory representative fails to appoint the person authorized to receive court documents within the set time limit, the court shall reject the action. The order rejecting the action shall be served on the plaintiff or his or her statutory representative through the temporary representative authorized to receive court documents who was appointed by the court.

The same rules also apply to the defendant – the court shall, upon the first service of the court documents, order the defendant or his or her statutory representative who is in a foreign country and where the defendant does not have counsel in the Republic of Slovenia to appoint a person authorized to receive court documents in the Republic of Slovenia. If the defendant or his or her legal representative fails to appoint such a person, the court shall appoint a temporary representative authorized to receive court documents at the expense of the defendant and shall, through this temporary representative, notify the defendant or his or her statutory representative of the appointment.

If a submission or a court document with a submission needs to be delivered to a foreign country and the costs for such service in the foreign country have to be paid, the court shall order the party whose submission is to be served to advance the costs of service in the foreign country. In such cases, if a submission or a court document with a submission needs to be delivered to a foreign country in a foreign language, the court shall order the party whose submission is to be served to advance the costs of the translation or submit a certified translation of the submission or the court document into the language in which the submission or the court document can be served. This shall also apply to any attachments.

In line with the concept of recognition and enforcement of foreign judgments, judgments of foreign courts in civil and commercial matters may be recognized and enforced in Slovenia and can therefore acquire the same status as a judgment of Slovenian courts. However, different rules apply to the procedure for recognition and enforcement of judgments originating in the Member States of the European Union (EU) and of judgments originating in non-EU countries.

The procedure for recognition and enforcement of EU Member States judgments is regulated by different Regulations of the European Parliament and of the council, depending on the date of the ruling and depending on the subject matter of the case. However, based on the general rule of EU regulations judgments given in Member States shall be recognized and enforceable in other Member States without any special procedure or without any declaration of enforceability being required. Therefore, Slovenian courts are obliged to treat the judgments of EU Member States courts as their own judgments without any special recognition or enforcement procedure. Hence, judgments enforceable in EU Member States operate directly as enforcement titles in Slovenia and shall be before Slovenian courts enforced under the same conditions as Slovenian judgments.

For recognition and enforcement of judgments originating in EU Member States which are not subject to the above-mentioned Regulations, as well as to judgments originating in non-EU countries, including judgments issued in the UK after December 31, 2020, the provisions of Slovenian Private International Law and Procedure Act apply, unless the question of mutual recognition and enforcement of judgments is regulated by special bilateral agreements or other conventions. In order for a decision on recognition or enforcement of foreign judgment to be recognized or enforced, two positive preconditions must be met: the applicant must provide a certified translation of the foreign judgment into the language officially used by the court and a certificate of its final validity. The other prerequisites are of a negative nature some of which are to be observed by the court of its own motion, others only upon the objection of the opposing party.

For judgments, issued in Denmark, Iceland, Norway, or Switzerland, the procedure for recognition and enforcement of judgments is governed by the Lugano Convention.

8. Appeal

8.1. What is the appeals process, and what are the grounds for appeal in your jurisdiction?

Appeal is an important legal instrument that allows the parties to proceedings to challenge decisions taken by the court of first instance. The appeal must be lodged within the statutory time limit of 30 days from service of the judgment with the court which gave the judgment at first instance in sufficient copies to enable the court and the other party to receive their own copy.

A party may waive the right to appeal on or after the time when the judgment was announced or, if it has not been announced, on or after the time when a certified copy of the judgment was served on him or her. Before a decision is issued by the court of second instance, a party may withdraw an appeal that has already been lodged.

An appeal shall contain (a) a designation of the judgment against which the appeal is being lodged, (b) a statement as to whether the judgment is being challenged in whole or in a specific part, (c) the grounds for appeal and (c) the appellant’s signature. The appellant may present new facts and evidence in the appeal only if he or she demonstrates that he or she was unable to present or submit them through no fault of his or her own before the first hearing for the main hearing or until the end of the main hearing.

A judgment may be challenged on the grounds of (a) substantial violation of civil procedure provisions (b) erroneous or incomplete establishment of the facts and/or (c) erroneous application of substantive law. However, a default judgment may not be challenged on the grounds of erroneous or incomplete establishment of the facts. Special rules on the grounds for an appeal also apply to a judgment based on the admission of the claim, a judgment based on waiver of the claim, or an interlocutory judgment based on an agreement between the parties, since those judgments may be challenged on the grounds of substantial violation of civil procedure provisions or because the statement on admission or waiver or the statement that the basis of the claim is not disputed was made under a misapprehension or under the influence of coercion or deceit.

An untimely, incomplete, or inadmissible appeal shall be rejected by way of an order issued by the president of the panel of the first-instance court without holding a hearing.

If the president of the panel of the first-instance court finds that the appeal was lodged in due time and that it is complete and admissible, and assesses that there exists a substantial violation of the procedure regarding the defects of judgment or a contradiction in respect of decisive facts between what is specified in the grounds for the judgment about the contents of documents, records of the taking of evidence or transcripts of audio recordings and such documents, records or transcripts themselves, the court of first instance may issue a new judgment which shall replace the judgment challenged by the appeal and remedy the violation. The party shall have the right to appeal against the new judgment. When the court receives such an appeal, the provision of the preceding paragraph shall not apply.

The court of first instance shall serve a copy of a timely, complete, and admissible appeal on the opposing party to respond to the appeal. A response to the appeal may be submitted before the court of first instance within the same time limit as is determined for lodging the appeal. After the receipt of a response to the appeal or upon the expiry of the time limit for the submission of a response to the appeal, the court of first instance shall forward the appeal and the response to the appeal, if lodged, together with all the files, to the court of second instance.

The court of the second instance shall decide on the appeal without holding a hearing when it assesses that a hearing is not necessary for a decision in the case. However, if the panel of the court of second instance finds it necessary for the purpose of establishing the facts correctly to re-examine all or some of the evidence already taken before the court of second instance, or if substantial violations of civil procedure violations, owing to their nature, can be remedied by undertaking procedural acts before the court of second instance, it shall schedule a hearing.

At a session or based on a hearing that was held, the court of second instance may reject the appeal as being untimely, incomplete, or inadmissible, dismiss the appeal as being ill-founded, and affirm the judgment of the court of first instance, annul that judgment and remand the case for a new trial to the court of first instance, or annul the judgment of the court of first instance and reject the action or change the first-instance judgment.

Importantly, the court of second instance may not change the judgment to the detriment of the party who brought the appeal if the appeal was brought solely by that party. This is known as the prohibition of reformation and ensures that the appeal will not have negative consequences for the party who only appealed.

9. Costs and Funding

9.1. How are legal costs determined, and what are the common practices regarding funding litigation?

Litigation costs in Slovenia include expenses incurred in the course of or in relation to the proceedings (court fees, etc.) and remuneration for the work of attorneys and other persons whose right to remuneration is provided by legislation.

Each party shall cover in advance the costs that he or she has incurred as a result of his or her acts. Therefore, if a party proposes the taking of evidence, it must deposit an amount for the costs it will incur in taking the evidence.

At the end of the proceedings, the party losing the litigation the party losing the litigation shall be obliged to pay the costs incurred by the opposing party and his or her intervenor (success principle). If a party is partially successful in the litigation, the court may, in view of the success achieved, order each party to bear their own costs or, taking account of all the circumstances of the case, order one party to pay to the other party and his or her intervenor a proportional share of costs.

The court may decide that one party should pay all the costs incurred by the opposing party and his or her intervenor if the opposing party did not succeed in only a proportionally insignificant part of his or her claim and no separate costs were incurred as a result of that particular part of the claim.

However, it is important to note that the reimbursement of attorney’s fees in court proceedings is standardized by the Attorney’s tariff, regulating billing and payment of legal services and expenses, irrespective of the client’s fee arrangement with the lawyer. According to the Attorney’s tariff and additionally, the Slovenian Civil Procedure Act, the costs of the procedure are dependent on the claim amount.

9.2. Are there alternative funding options available for parties involved in litigation?

For individuals who cannot afford legal representation, Slovenia provides free legal aid. The system ensures equal access to justice and covers various types of legal assistance, including court representation. Free legal aid is granted to the applicants, who meet financial (applicant’s income and assets fall below a set threshold) and substantive criteria (the case must have legal merit and a reasonable chance of success).In that regard, Free legal aid covers legal advice, legal representation in court proceedings (usually for the first instance), exemption from court fees and other legal services (drafting legal documents, mediation, and appeals), as well as in some cases, exemption from other court costs (payment of experts, etc.).

Likewise, many insurance companies in Slovenia offer legal protection insurance, which covers legal representation costs, court fees, and expert opinions.

Not widely developed in Slovenia, but in some cases, external investors or legal financing firms may cover litigation costs in exchange for a share of the awarded damages.

In addition, lawyers and law firms as well as some NGOs sometimes offer pro bono legal advice and representation. Pro bono representation is subject to the discretion of each individual lawyer or law firm.

10. International Treaties

10.1. How do international treaties or regional agreements impact litigation in your jurisdiction?

As an EU member state, Slovenia is subject to several important EU regulations and directives that impact litigation, especially in cross-border cases, since different EU regulations determine the jurisdiction in cross-border disputes or regulate the law used in such disputes as well as provide a framework for the recognition and enforcement of foreign judgments within the EU. Apart from EU regulations, Slovenia is also bound by international treaties and conventions that affect litigation, especially in determining the jurisdiction, certain rules of the procedure, or the law that applies to a specific case. Slovenia’s adherence to these agreements enhances access to justice, supports international cooperation, and ensures effective enforcement of legal decisions across borders.