Publications

Recent Decision Clarifies Jurisdiction in Claims Against the Bank of Slovenia (ZPSVIKOB-1)

1. Introduction (ZPSVIKOB and ZPSVIKOB-1) On 26 February 2025, the Higher Court in Ljubljana issued a decision (III Cp 246/2025), affirming the exclusive jurisdiction of the District Court in Maribor in damage claims against the Bank of Slovenia stemming from its extraordinary measures. The ruling underscores the transitional legal framework between the repealed ZPSVIKOB and the new ZPSVIKOB-1, while providing clarity on the procedural treatment of already filed lawsuits. 2. Procedural Background The lawsuit originated from a claim filed by a former holder of subordinated bank bonds whose...

Single Permit (Single Residence and Work Permit) in Slovenia: Conditions and Procedure

The issuance of the initial Single Residence and Work Permit for foreigners in the Republic of Slovenia is regulated by the Foreigners Act (ZTuj-2). The single permit enables foreigners to legally reside in Slovenia and simultaneously be employed by a specific employer. Where to Submit an Application for the First Single Permit A foreigner must submit the application for the first temporary residence permit: At a diplomatic representation or consulate of the Republic of Slovenia abroad; At the competent authority within the Republic of...

Enforcement procedures: Constitutional Court Upholds Priority of Social Security Contributions over Mortgages: Decision No. U-I-103/22, Up-265/22

Enforcement and Security Act (ZIZ), Article 197: Order of Payment from Sale Proceeds In its decision dated 6 March 2025 (case no. U-I-103/22, Up-265/22), the Constitutional Court of the Republic of Slovenia reviewed the constitutionality of the third point of the first paragraph of Article 197 of the Enforcement and Security Act (ZIZ). This provision governs the order of payment from the proceeds of a forced sale of real estate in enforcement proceedings. According to the challenged provision, certain claims – including mandatory...

The Supreme Court of the Republic of Slovenia on the Importance of Legal Interest for Judicial Protection in Administrative Disputes

In case I Up 253/2024 dated 25 February 2025, the Supreme Court of the Republic of Slovenia ruled on an appeal against a decision of the Administrative Court, which had dismissed the plaintiff’s administrative lawsuit for lack of legal interest. The dispute arose from an administrative procedure before the Administrative Unit Nova Gorica, in which a legal transaction concerning agricultural land was approved between A. A. (buyer) and B. B. (seller), while the identical transaction between B. B. and the...

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...

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Recent Decision Clarifies Jurisdiction in Claims Against the Bank of Slovenia (ZPSVIKOB-1)

Single Permit (Single Residence and Work Permit) in Slovenia: Conditions and Procedure

Enforcement procedures: Constitutional Court Upholds Priority of Social Security Contributions over Mortgages: Decision No. U-I-103/22, Up-265/22

The Supreme Court of the Republic of Slovenia on the Importance of Legal Interest for Judicial Protection in Administrative Disputes

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