Publications

Deadlines for Claims under ZPSVIKOB-1

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...

Maribor Court Rejects Proposal for Alternate Use of Co-Owned Property

Introduction On February 25, 2025, the Higher Court in Maribor (I Cp 597/2024) dismissed the appellant's appeal and upheld the decision of the first-instance court, which rejected her proposal for regulating the use of co-owned property. The appellant suggested that the property be used alternately in weekly intervals, but the court found that such an arrangement was not feasible and that the issue of usage could only be resolved through the division of co-ownership. Proceedings and Position of the First-Instance Court On October...

Perpetuatio fori in Judicial Practice: Analysis of the Judgment of the Ljubljana Higher Court III Cp 144/2025

Introduction In the civil case III Cp 144/2025, the Ljubljana Higher Court reaffirmed the importance of the rule of jurisdiction stability (perpetuatio fori), which stipulates that changes in circumstances during the proceedings do not affect the jurisdiction of the court as it was at the time of filing the lawsuit. This case raises significant procedural issues, particularly regarding the objection to subject-matter jurisdiction and the efficiency of judicial proceedings. Core of the Judicial Decision - Ljubljana Higher Court The Higher Court confirmed in...

GDPR and Transgender Identity: Rectification of Gender Identity Data Cannot Be Conditional on Proof of Surgery

Introduction - GDPR and Charter Question The Court of Justice of the European Union (CJEU) recently ruled in Case C-247/23 (Deldits) on whether an EU Member State may condition the rectification of gender identity data on proof of having undergone gender reassignment surgery. The CJEU held that such a requirement is not compatible with the General Data Protection Regulation (GDPR) and that Member States, when regulating the legal recognition of transgender individuals, must not infringe upon the rights enshrined in the...

Passenger Rights: A Boarding Pass Can Serve as Proof of a Confirmed Flight Reservation (CJEU)

Introduction A recent judgment by the Court of Justice of the European Union in Case C-20/24 (Cymdek) is significant for air passenger rights. The ruling confirms that a boarding pass can serve as proof of a confirmed flight reservation. The CJEU also emphasized that the fact that a package tour is paid for by a third party does not exclude the right to compensation in the event of a significant flight delay. Case Background (CJEU) In the case at hand, an airline entered into a...

Decision of the Constitutional Court of the Republic of Slovenia in Case U-I-156/24: Key Constitutional Issues of ZPSVIKOB-1

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...

Automated Credit Assessment: The Data Subject is Entitled to an Explanation of the Decision Taken (GDPR)

The Court of Justice of the European Union (CJEU) has addressed the issue of an individual’s right to an explanation in cases of automated decision-making that affect their legal or similarly significant status in its ruling in case C-203/22 (Dun & Bradstreet Austria). This judgment provides an important interpretation of the General Data Protection Regulation (GDPR) and its relationship with trade secret protection. Facts of the Case In Austria, a mobile service provider refused to conclude a contract with a customer on...

Judgment of the CJEU in Case C-517/23 | Apothekerkammer Nordrhein

Advertising of Prescription Medicine: Permitted and Prohibited Practices under EU Law The Court of Justice of the European Union (CJEU) in Case C-517/23 | Apothekerkammer Nordrhein examined the compatibility of German legislation with EU law regarding the advertising of prescription medicine. The key finding of the CJEU is that Member States may allow certain advertising measures to promote the purchase of unspecified prescription medicine in the form of price reductions or fixed payments, while at the same time, they may prohibit...

Digital Platform in Competition Law : Judgment of the Court of Justice in Case C-233/23 (Alphabet and Others)

1. Introduction In Case C-233/23, the Court of Justice of the European Union (“the Court”) held that a dominant undertaking’s refusal to ensure the interoperability of its digital platform with an application developed by a third party may constitute an abuse of its dominant position. This may be the case even if the platform is not strictly indispensable for the commercial use of that application, provided the platform was developed to be made available to third parties and it thereby offers...

Sufficient Funds for Obtaining Slovenian Citizenship: Conditions and Legal Interpretation

Introduction Obtaining citizenship of the Republic of Slovenia through naturalization is possible if certain conditions defined by the Citizenship Act of the Republic of Slovenia (ZDRS) are met. One of these conditions for Slovenian citizenship is the requirement for sufficient funds that ensure the material and social security of the applicant and the persons they are obliged to support. In this article, we will analyze the legal criteria and case law that define this requirement in more detail. Legal Basis 1. Citizenship Act...

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Deadlines for Claims under ZPSVIKOB-1

Maribor Court Rejects Proposal for Alternate Use of Co-Owned Property

Perpetuatio fori in Judicial Practice: Analysis of the Judgment of the Ljubljana Higher Court III Cp 144/2025

Passenger Rights: A Boarding Pass Can Serve as Proof of a Confirmed Flight Reservation (CJEU)

Decision of the Constitutional Court of the Republic of Slovenia in Case U-I-156/24: Key Constitutional Issues of ZPSVIKOB-1

Judgment of the CJEU in Case C-517/23 | Apothekerkammer Nordrhein

Digital Platform in Competition Law : Judgment of the Court of Justice in Case C-233/23 (Alphabet and Others)

Sufficient Funds for Obtaining Slovenian Citizenship: Conditions and Legal Interpretation