1. Introduction

On January 9, 2025, the Constitutional Court of the Republic of Slovenia, in case no. U-I-156/24, accepted for consideration an initiative to commence proceedings for the constitutional review of certain provisions of ZPSVIKOB-1. At the same time, it decided to merge the case with case no. U-I-118/24, which was initiated in December 2024, and also concerns the constitutional review of specific provisions of ZPSVIKOB-1. The Court will rule on the consolidated case with absolute priority.

Below, we present the key legal issues raised by this case.

2. Contested Provisions of ZPSVIKOB-1 and Legal Interest of the Petitioners

The petitioners challenge several key provisions of the Act on Judicial Protection Procedures for Former Holders of Qualified Bank Liabilities (ZPSVIKOB-1), namely:

• Exclusive application of ZPSVIKOB-1 provisions (first and third paragraphs of Article 3 of ZPSVIKOB-1) stipulates that a former holder may assert compensation claims due to the effects of a decision by the Bank of Slovenia only in accordance with the procedure prescribed by ZPSVIKOB-1, while the Act does not apply to claims asserting violations of the duty of explanation by a commercial bank or to other claims.
• Exclusive jurisdiction of the District Court in Maribor (Article 6 of ZPSVIKOB-1) stipulates that the District Court in Maribor has exclusive jurisdiction over proceedings under this Act.
• Consolidation of cases in a model procedure (first, third, and fifth paragraphs of Article 32 of ZPSVIKOB-1) sets rules for the joint consideration of individual lawsuits.
• Third-party intervention by the Republic of Slovenia (Article 33 of ZPSVIKOB-1) provides that the Republic of Slovenia acts as a third-party intervenor in these proceedings, joining the Bank of Slovenia.
• Court fees (first and third paragraphs of Article 35 of ZPSVIKOB-1) regulate the obligation to pay court fees and exemptions for certain groups of plaintiffs.
• Interest on awarded damages (Article 41 of ZPSVIKOB-1) determines the method of calculating interest on awarded damages from the date of the Bank of Slovenia’s decision until payment.
• Transitional provisions (first and fifth paragraphs of Article 48 of ZPSVIKOB-1) govern issues related to already filed lawsuits and the possibility of amending claims in ongoing proceedings.

The petitioners claim that they or their legal predecessors were holders of shares that ceased to exist due to extraordinary measures imposed by the Bank of Slovenia. Based on this, they demonstrate a legal interest in challenging the aforementioned provisions, as the Act directly affects their legal position in asserting compensation claims.

3. Decision of the Constitutional Court and Its Significance for Claims under ZPSVIKOB-1

The Constitutional Court decided to:

• Accept the initiative for constitutional review of ZPSVIKOB-1 provisions.
• Merge case no. U-I-156/24 with case no. U-I-118/24.
• Rule on the consolidated case with absolute priority.

This case is of crucial importance for former holders of erased qualified bank liabilities, as it regulates the procedures for asserting compensation claims due to the effects of decisions by the Bank of Slovenia. The absolute priority treatment is particularly significant given the deadlines for filing lawsuits, which are already running.

• Deadlines for filing lawsuits: ZPSVIKOB-1 stipulates that a lawsuit may be filed no later than nine months after the publication of the notice on the establishment of a virtual data room.
• Expiration of the lawsuit filing deadline: The Ministry of Finance published the notice on September 16, 2024, meaning that the deadline for filing individual lawsuits expires on June 16, 2025, while the deadline for filing collective lawsuits expires on March 16, 2025.

4. Conclusion

The Constitutional Court’s decision to merge the cases and grant absolute priority consideration highlights the importance of the constitutional issues related to ZPSVIKOB-1 provisions. The outcome of this procedure will have a direct impact on the legal position of former holders of qualified bank liabilities in asserting their compensation claims and judicial protection in these proceedings.

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