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How to proceed? - Slovenia

Please note that the original language version of this page Slovenian has been amended recently. The language version you are now viewing is currently being prepared by our translators.

1 Do I have to go to court or is there another alternative?

It might be better to resolve the dispute by means of alternative dispute resolution procedures. Alternative dispute resolution (ADR) methods allow disputes to be resolved without the intervention of a court, or at least without a court decision on the merits of the case. The main types of ADR practised in Slovenia include arbitration, mediation and court action in a broader sense aimed at encouraging a court settlement. The Alternative Dispute Resolution Act (Zakon o alternativnem reševanju sodnih sporov) obliges courts of first and second instance to enable parties to disputes arising from commercial, labour-related, family and other civil-law relationships to use ADR techniques to adopt and enforce an ADR programme. Under such a programme, courts are obliged to allow parties to use mediation, and possibly other forms of ADR as well.

Mediation is the settlement of a dispute with the help of a neutral third party, who cannot deliver a binding decision. Parties may agree to conclude a dispute resolution agreement in the form of a directly enforceable notarial record, a settlement before the court or a settlement-based arbitration decision.

The parties may, at any time during proceedings in a civil court, conclude a settlement on the subject of the dispute (court settlement). An agreement on the conclusion of a court settlement constitutes an executory title.

More on this topic can be found under ‘Alternative dispute resolution’.

2 Is there any time limit to bring a court action?

The deadlines for bringing a court action depend on the nature of the case. A legal adviser or legal aid service can clarify questions relating to deadlines and limitation periods. More on this topic can be found under ‘Procedural time limits’.

3 Should I go to a court in this Member State?

More on this topic can be found under ‘Jurisdiction of the courts’.

4 If yes, which particular court should I go to in this Member State, given where I live and where the other party lives, or other aspects of my case?

More on this topic can be found under ‘Jurisdiction of the courts’.

5 Which particular court should I go to in this Member State, given the nature of my case and the amount at stake?

More on this topic can be found under ‘Jurisdiction of the courts’.

6 Can I bring a court action by myself or do I have to go via an intermediary, such as a lawyer?

Parties may appear before courts themselves in Slovenia, except in procedures involving extraordinary legal remedies, where they may take legal action only through an intermediary who is a lawyer, or if the party or their legal representative have passed the state bar examination. Should a party wish to be represented by counsel, that intermediary may, in proceedings before a local court, be any person with full legal capacity, while before a district, higher or the Supreme Court, only a lawyer or other person who has passed the state bar examination may appear as counsel.

7 To initiate the case, who exactly do I apply to: to the reception office or the office of the clerk of the court or any other administration?

An action may be sent to the court with jurisdiction by post or delivered direct to its reception office. See also reply 8.

8 In which language can I make my application? Can I do it orally or does it have to be in writing? Can I send my application by fax or by e-mail?

The official language of courts in Slovenia is Slovenian. However, in areas where there is a Hungarian or Italian ethnic minority, Hungarian or Italian also operates as an official language alongside Slovenian. The action must be drawn up in Slovenian and signed by the claimant him or herself. An applicant’s original signature means a handwritten signature as well as a secure electronic signature verified by means of a qualified certificate.

An application, as well as an action, must therefore be filed in written form. A written application is an application written or printed and signed by hand (application in physical form). A written application is submitted by post, delivered directly to the body or delivered by a person engaged professionally in submitting applications (business supplier/poslovni ponudnik). An action may also be submitted via fax.

The law also provides for electronic applications, i.e. applications in electronic form and signed with a secure electronic signature verified by means of a qualified certificate. Electronic applications are submitted to the information system by electronic means. The information system automatically confirms to the applicant that the application has been received. The law also allows a written application to be submitted electronically or through the use of communication technology.

Notwithstanding the existing legal provisions (acts and implementing regulations) relating to all civil and commercial procedures, currently only procedures included in the e-Justice (e‑Sodstvo) website may be initiated via the internet or electronically: certain types of enforcement procedure, the submission of applications and the issuing of decisions in insolvency proceedings, and the submission of land register proposals.

The e-Justice website exists in Slovenia for this purpose, and enables written material to be submitted in electronic form: Link opens in new windowhttps://evlozisce.sodisce.si/esodstvo/index.html

9 Are there special forms for bringing actions, or, if not, how must I present my case? Are there elements that have to be included in the file?

In Slovenia an action does not have to be submitted on a special form; however, it must contain certain legally defined elements: a reference to the court, the names and permanent or temporary residence of the parties, the names of the legal representatives or agents, a specific request setting out the main subject of the case and the side claims, the facts supporting the claimant’s request, evidence substantiating those facts, the amount in dispute and the claimant’s signature. Applications that have to be delivered to the opposing party must be submitted to the court in as many copies as required by the court and the opposing party, and in a form that allows the court to submit them. This also applies to enclosures.

10 Will I have to pay court charges? If so, when? Will I have to pay a lawyer right from the introduction of my application?

Court fees must be paid when the action is brought and upon submission of a counter-action, a proposal for amicable annulment, an action containing a proposal to issue an order for payment, a motion for retrial, a motion to secure evidence prior to civil proceedings, a settlement proposal, an application announcing an appeal, an appeal, a proposal to allow a revision, and a revision. Court fees must be paid no later than by a deadline determined by the court in the order for payment of the court fees. The court may draw the party’s attention on the order to the consequences of non-payment of the court fees. Court fees must also be paid for any court judgement issued by courts of all instances.

If a court fee for an application is not paid by the deadline determined and there are no conditions that would allow exemption from or the postponement of such payment, or payment by instalments, the application shall be deemed to have been withdrawn. The costs of court proceedings are covered by the unsuccessful party in the case. Intermediaries who are lawyers are allotted the necessary expenses and remuneration in judicial proceedings under the Lawyers’ Tariff Act (Zakon o odvetniški tarifi).  The costs of lawyers’ services are the sum of the items of remuneration to which they are entitled for the services provided and their expenses. The costs of a lawyer’s services fall due for payment when he/she has performed all the obligations set out in the mandate agreement between him/her and the party or the person commissioning the services. Where a lawyer provides services in judicial proceedings, the costs of those services fall due for payment when a decision on the costs of the proceedings is issued. A lawyer may request the payment of a suitable advance from a party prior to the end of proceedings for the remuneration already due and for expenses that have and that will arise. The party must be issued with a receipt stating that the advance has been received. A lawyer may request the payment of remuneration and expenses only in an itemised invoice issued to the party.

11 Can I claim legal aid?

Parties may request legal aid, which shall be granted to them if they meet the conditions laid down in the Free Legal Aid Act (Zakon o brezplačni pravni pomoči, ZBPP).  More on this topic can be found under ‘Legal aid’.

12 From which moment is my action officially considered to have been brought? Will the authorities give me some feedback on whether or not my case has been properly presented?

An action is deemed to have been brought when it is received by the court that has jurisdiction. Where it is sent by registered post or by telegram, the date of posting is taken as the date of delivery to the court to which it is addressed. The applicant does not automatically receive confirmation that the action has been brought. If the application is delivered to the court’s post box, the time at which it was received by the court’s post box is taken as the moment of delivery to the court to which it is addressed.

The Electronic Applications Act (Zakon za vloge v elektronski obliki) stipulates that electronic applications are submitted to the information system by electronic means. In this case, the time at which it was received by the information system is taken as the moment of delivery to the court to which it is addressed. The information system automatically confirms to the applicant that the application has been received.

We should point out that, despite the legal provisions in place, it is currently not possible to file an action by electronic means in civil and commercial cases, with the exception of proceedings involving the land register, insolvency and enforcement.

13 Will I have detailed information about the timing of subsequent events (such as the time allowed for me to enter an appearance)?

Where events are tied to preclusive deadlines, the court warns the party in writing and attaches a legal notice explaining the consequences if the party fails to follow the court’s instructions.

Related links

Link opens in new windowhttp://www.dz-rs.si/wps/portal/Home/deloDZ/zakonodaja/preciscenaBesedilaZakonov

Link opens in new windowhttp://www.sodisce.si/

Link opens in new windowhttps://www.uradni-list.si/glasilo-uradni-list-rs

Link opens in new windowhttp://www.pisrs.si/Pis.web/


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 12/11/2015