“Order for payment” procedures - Slovenia
TABLE OF CONTENTS
- 1 Existence of an order for payment procedure
- 1.1 Scope of procedure
- 1.1.1 What types of claims are eligible (e.g. only pecuniary claims, only contractual claims etc.)?
- 1.1.2 Is there an upper limit regarding the value of the claim?
- 1.1.3 Is the use of that procedure optional or obligatory?
- 1.1.4 Is the procedure available if the defendant lives in another Member State or in a third country?
- 1.2 Competent court
- 1.3 Formal requirements
- 1.3.1 Is the use of a standardised form obligatory? (if yes, where can that form be obtained?)
- 1.3.2 Is representation by a lawyer required?
- 1.3.3 In how much detail do I have to describe the reason for the claim?
- 1.3.4 Is it necessary to present written evidence of the claim at issue? If yes, which documents are admissible as proof?
- 1.4 Rejection of application
- 1.5 Appeal
- 1.6 Statement of opposition
- 1.7 Effect of statement of opposition
- 1.8 Effect of lack of statement of opposition
- 1.1 Scope of procedure
1 Existence of an order for payment procedure
Slovenia recognises procedures for issuing an order for payment. The procedure for issuing an order for payment is regulated by the Articles 431 to 441 of the Civil Procedure Act (Zakon o pravdnem postopku, ZPP).
1.1 Scope of procedure
The procedure for issuing an order for payment is a special, fast-track procedure for enforcing a pecuniary claim that has fallen due, where the claim is supported by a document which the law determines as having greater evidential value (authentic document). An order for payment is issued in both domestic and cross-border cases.
1.1.1 What types of claims are eligible (e.g. only pecuniary claims, only contractual claims etc.)?
A claim that forms the basis for an order for payment may only contain the pecuniary liability (pecuniary claim). Only claims that are contractual or non-contractual liabilities and that have been nominally determined may form the subject of a claim. One exception is the notice of termination of commercial premises and the consequent emptying of stocks, where rules apply under a special procedure for the issuing of an order for payment. This exception is laid down in Article 29 of the Commercial Buildings and Premises Act (Zakon o poslovnih stavbah in poslovnih prostorih), which states that, on the basis of a notice of termination given by a lessor and a request to vacate a commercial building or commercial premises, a court shall issue an order to vacate the commercial building or commercial premises if it ensues from the notice of termination or request and from the tenancy agreement or the evidence referred to in the preceding Article that the lessor has the right to terminate or request that the commercial building or commercial premises be vacated.
1.1.2 Is there an upper limit regarding the value of the claim?
There is no upper limit for a claim.
1.1.3 Is the use of that procedure optional or obligatory?
Under the provisions of the Civil Procedure Act, a court also issues a decision on the issuing of an order for payment ex officio when a claimant in an action has not made application to this effect but the conditions for the issuing of an order for payment have been met, i.e. the claimant files an ordinary action and does not propose that an order for payment be issued. The issuing of an order for payment is therefore obligatory for a judge and does not depend on a claim from a claimant, if the legally prescribed conditions for its issuing have been met.
1.2 Competent court
In Slovenia, jurisdiction to decide on a proposal to issue an order for payment is determined in the same way as with other actions; this means that jurisdiction ratione materiae for the issuing of an order for payment is held by district courts (okrožna sodišča) as well as local courts (okrajna sodišča). Jurisdiction ratione materiae is determined with regard to the value of the dispute (or with regard to the nature of the case, e.g. in commercial cases). Local courts have jurisdiction to adjudicate in disputes on property claims when the value of the item in question does not exceed EUR 20 000. District courts have jurisdiction to adjudicate in disputes on property claims when the value of the item in question exceeds EUR 20 000. Only district courts have the jurisdiction to hear and adjudicate on cases relating to commercial law at the first instance. Commercial disputes are those in which one party in a civil case is a legal person (company, institution, collective). Commercial disputes also include cases in which one of the parties is the state or another self-governing local community, such as a municipality.
Territorial jurisdiction determines which of the courts with jurisdiction ratione materiae have jurisdiction to rule on a specific case. The general rule regarding territorial jurisdiction stipulates that in an action filed against a natural or legal person, the action must be filed with the court covering the area in which the defendant has permanent residence or in which the legal person has its registered office. If it is a case against a non-national natural or legal person, the court with general territorial jurisdiction is the court covering the area in which the natural person has residence in Slovenia or in which the legal person has its branch office. Slovenian law also has a rule on special territorial jurisdiction, which is determined in relation to the subject of the dispute and parties thereto.
For more on this, see the replies under ‘Bringing a case to court’.
1.3 Formal requirements
The two conditions applying to the issuing of an order for payment are: the claim must refer to the pecuniary claim fallen due and there must exist an authentic document from which the claim derives. An action or motion for the issuing of an order for payment must contain all the elements that every action is obliged to contain: 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 value of the dispute and a signature. In addition, the authentic document (original or a certified copy) must be attached to the action.
1.3.1 Is the use of a standardised form obligatory? (if yes, where can that form be obtained?)
There is no requirement in Slovenia to submit a motion to issue an order for payment on a standardised form; indeed, no such form exists. The motion must contain the legally defined elements referred to above under point 1.3 (obligatory elements of an action).
1.3.2 Is representation by a lawyer required?
There is no requirement for parties to be represented by a lawyer in proceedings to issue an order for payment. Where a party is represented before a district court, this representative must be a lawyer or a person who has passed the state bar examination. Representation by a lawyer is obligatory in proceedings involving extraordinary legal remedies.
1.3.3 In how much detail do I have to describe the reason for the claim?
The action must state the basis and level of the debt, and proof that enables the truth of the claims made therein to be established; it must also indicate the amount and the currency, as well as the date the pecuniary claims fell due. If interest is being claimed, that interest must also be precisely defined (interest rate and the period for which the claim is being made). The due date of the claim must be clear from the authentic document.
Yes, the original or a certified copy of the authentic document must be attached to the action or the motion to issue an order for payment. There is no requirement to attach the original or a certified copy of the authentic document for the issuing of an order for payment in a commercial dispute. It is sufficient for a copy of this document to be certified by an authorised body of a legal person.
An authentic document is a document that does not have the quality of an executory title, but expresses a high degree of probability that the claim exists. A document is authentic if it is determined as such by the Civil Procedure Act or another act. Under the Civil Procedure Act, authentic documents are: public documents, private documents on which the signature of the debtor has been authenticated by a body authorised for authentication, bills of exchange and cheques, with the objection and the return invoices, if these are required for origination of the claim, extracts from authenticated books of account, invoices, and documents that have the character of a public document under special regulations. A foreign document that meets the conditions for use in Slovenia may also constitute an authentic document.
Exception: without the submission of an authentic document, the court issues an order for payment against a defendant when the claim relates to a pecuniary claim that has fallen due that does not exceed EUR 2 000 and the action indicates the basis and level of the debt, and proof that enables the truth of the claims made therein to be established, where this exception does not apply to commercial disputes (Article 494 of the ZPP).
1.4 Rejection of application
The court will reject a request for the issuing of an order for payment if the preconditions for its issuing are not met, i.e. a pecuniary claim fallen due and the existence of an authentic document from which the claim derives.
Where the court does not dismiss the motion to issue an order for payment, it continues the procedure on the basis of an action.
No appeal is permitted against a decision dismissing an application for the issuing of an order for payment, neither may the claimant contest this decision by means of an appeal against the judgement.
The legal remedy available to the defendant against an order for payment issued is an objection. The deadline for an objection is eight days from the serving of an order for payment on a defendant (three days in the case of disputes involving bills of exchange and cheques). The objection must be substantiated, otherwise it shall be deemed to have no grounds. An appeal may be lodged against the decision in which the court rules on the objection.
Where a defendant contests an order for payment only with regard to the ruling on costs, this ruling may only be contested by means of an appeal against the decision.
1.6 Statement of opposition
The defendant may issue an objection against the claimant’s claim. Reasons must be furnished for the objection. The objection must state the facts that support the objection and adduce evidence, otherwise it shall be deemed to be unfounded (second paragraph of Article 435 of the ZPP). The defendant must therefore state in the objection the legally significant facts, i.e. the facts on the basis of which the claim could be dismissed (if they are proved to be true). Assertions of these facts must be concrete and specific.
1.7 Effect of statement of opposition
Where a court does not reject a defendant’s objection as having been filed too late or being incomplete and unlawful, or does not dismiss it, it shall continue the procedure in accordance with the action.
The parties may state new facts and submit new evidence at the first main hearing, while the defendant may also make new objections regarding the contested part of the order for payment.
In its ruling on the main issue, the court shall decide whether the order for payment is to remain wholly or partly in force or whether it is to be annulled (Article 436 of the Civil Procedure Act).
1.8 Effect of lack of statement of opposition
Unless the opposing party lodges an objection or an appeal, the decision or the order for payment shall become final and enforceable.
1.8.1 What needs to be done in order to obtain an enforceable decision?
The claimant must explicitly request a court to issue a certificate of enforceability. A court ruling is enforceable if it becomes final and if the deadline for voluntary compliance with the obligations has passed (first paragraph of the Enforcement and Securing of Claims Act).
1.8.2 Is this decision final or is there still a possibility for the defendant to appeal against that decision?
An order for payment against which no objection has been lodged, or where an objection has been refused or dismissed, shall become final and may no longer be contested by means of an appeal.
A final order for payment may be contested by means of extraordinary legal remedies.
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Last update: 09/03/2015