Introduction

The Act on Judicial Protection Procedure for Former Holders of Qualified Bank Obligations (ZPSVIKOB-1) establishes the rules for filing compensation lawsuits against the Bank of Slovenia. A key aspect of filing such lawsuits is the deadlines set by the Act for collective and individual claims. Below, we provide basic information about these deadlines and their potential suspension.

Types of Lawsuits under ZPSVIKOB-1

The Act provides for two types of lawsuits:

• Collective lawsuit: Multiple injured parties affected by the same decision of the Bank of Slovenia may file a collective lawsuit. The collective lawsuit system under ZPSVIKOB-1 is based on an opt-out model, which is a peculiarity compared to the existing Collective Actions Act (ZKolT).
• Individual lawsuit: A single injured party may file a lawsuit independently.

Deadlines for Filing Lawsuits under ZPSVIKOB-1

The deadlines for filing lawsuits are set out in Article 29 of ZPSVIKOB-1:

• Collective lawsuit: The deadline for filing is 6 months from the publication of the notice on the establishment of the Virtual Data Room (VDR).
• Individual lawsuit: The deadline for filing is 9 months from the publication of the notice on the establishment of the VDR.

At present, this means that the deadline for the collective lawsuit (pursuant to Article 29 of ZPSVIKOB-1) would expire on March 16, 2025, while the deadline for the individual lawsuit would expire on June 16, 2025 (as the notice on the establishment of the Virtual Data Rooms was published in the Official Gazette No. 79/24 on September 16, 2024). However, the law provides for special circumstances that may affect the actual course of the deadlines.

Suspension of Deadlines Due to the Preliminary Opinion

A special feature introduced by the Act is the preliminary opinion procedure. Within two months of the law’s entry into force, the court must appoint an expert committee to prepare a report on whether financial damage has occurred and to what extent. A key consequence of the preliminary opinion procedure is the temporary suspension of the deadlines for filing lawsuits.

According to Paragraph 11 of Article 23 of ZPSVIKOB-1:

• The deadline for filing both collective and individual lawsuits does not run from the publication of the court’s decision initiating the preliminary opinion procedure until the publication of the summary of the preliminary opinion.
• If the summary of the preliminary opinion is not published within 12 months of the court’s decision appointing the committee, the remaining part of the deadline resumes.

This means that the deadlines, which would otherwise expire on March 16 and June 16, 2025, may be extended.

The decision to initiate the preliminary opinion procedure was issued on September 6, 2024, under the case number M PgP 1/2024 of the District Court in Maribor. This means that from this date, the deadline should not be running or should resume only after the publication of the summary opinion, but no later than September 6, 2025.

Conclusion

The ZPSVIKOB-1 introduces significant procedural specifics that affect the deadlines for filing compensation lawsuits. The key dates for collective and individual lawsuits are currently set, but they may be extended due to the preliminary opinion procedure. It is crucial to monitor court publications, as ongoing proceedings may affect the final deadline for filing claims.

For more information and legal advice regarding the filing of lawsuits under ZPSVIKOB-1, please contact our law firm.

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