Court fees concerning European Payment Order procedure - Slovenia
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The court fees paid in the European order for payment procedure are laid down in the Court Fees Act (Official Gazette of the Republic of Slovenia, Nos 37/08, 97/10, 63/13, 58/14 — Constitutional Fees 19/15 — Constitutional Court Decision, US, 30/16 and 10/17 — ZPP-E; hereinafter: ZST-1) as a general rule governing court fees.
ZST-1 (Article 6) provides the legal basis for the payment of court fees in cash, electronic money and other applicable means of payment, including the payment of fees in the European order for payment procedure. In practice, court fees can be paid electronically via the online payment service of individual banks.
In the European order for payment procedure, a one-off court fee has to be paid for the entire procedure. The person liable to pay that court fee is the applicant and must be paid by the applicant at the time of the application for a European order for payment to the court.
The amount of the court fees for the European order for payment procedure to be paid by the applicant at the time of the submission of the application to the court depends on the value of the subject-matter of the proceedings.
The calculation factor for this fee is 1,2 (tariff item number 1301 of tariff item ZST-1) and the fee is calculated according to the table in Article 16 ZST-1. Since the value classes are high, it is not possible to indicate them precisely at this point.
If the applicant does not pay the court fee in a timely manner, the court shall nevertheless proceed with the proceedings and the court fee may be enforced, if necessary.
ZST-1 (Article 6) provides the legal basis for the payment of court fees in cash, electronic money and other applicable means of payment, including the payment of fees for the European order for payment procedure.
In practice, the court fees can be paid electronically via the online payment service of individual banks and can also be paid directly by payment service providers or by court cash registers (cash or POS terminals).
For the purpose of electronic payment, each individual bank has its own online payment service.
A court fee may be paid in advance by the taxable person, i.e. at the time of the lodging of an application to court, but may lodge an application with the court and wait for the court to send it a payment order, in which, in addition to the amount of the court fees payable, the other information necessary for the payment to be made.
Where the court fee is paid by reference to an appropriate reference (to be communicated to the debtor by the court in the order for payment of the court fee), the taxable person shall not be obliged to provide the court with proof of payment. In the present case, the court is informed of the payment made through a special electronic banking system (UJPnet) where it is of decisive importance in the identification of the concrete payment as the correct reference.
However, if the court fee is paid without proper reference, the taxable person must submit to the court the proof of payment. No special formal conditions are prescribed for the validity of such a certificate. On the basis of this certificate, the court shall, if necessary, check the payment of the court fee in UJPnet (in particular in cases where the court fee is not paid at the cashier of the court).
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Last update: 02/09/2019