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Case study 1 - family law - divorce - Slovenia

In this case study on family law – divorce, Member States were asked to advise the party that files for divorce on litigation costs in order to consider the following situations:

Case A – National situation: a couple gets married. Later they separate and agree to a divorce.

Case B – Transnational situation: Two nationals from a same Member State (Member State A) get married. The marriage is celebrated in Member State A. After the wedding, the couple moves to live and work in another Member State (Member State B) where they establish their residence. Shortly thereafter the couple separates with the wife returning to Member State A and the husband remaining in Member State B. The couple agrees to a divorce. Upon her return to Member State A, the wife immediately files for a divorce before the courts of Member State B.

Costs in Slovenia

Costs for court, appeals and alternative dispute resolution

Case Study	Court			Appeals			ADR
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees	Is this option open for this type of case?	Costs
Case A	EUR 72	N/A	N/A	EUR 36	N/A	N/A	YES	N/A
Case B	EUR 72	N/A	N/A	EUR 36	N/A	N/A	YES	N/A

Costs for lawyer, bailiff and expert

Case Study	Lawyer
	Is representation compulsory?	Average costs
Case A	NO	EUR 172,50 – EUR 4937.50 Actual costs are determined by considering all relevant circumstances of the case (extent and importance, property and income of the spouses) Article 23 of the Court Fees Act
Case B	NO	EUR 172,50 – EUR 4937.50 Actual costs are determined by considering all relevant circumstances of the case (extent and importance, property and income of the spouses) Article 23 of the Court Fees Act

Case Study	Bailiff			Expert
	Is representation compulsory?	Pre-judgement costs	Post-judgement costs	Is use compulsory?	Cost
Case A	N/A	N/A	N/A	NO	N/A
Case B	N/A	N/A	N/A	NO	N/A

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security		Other fees
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost	Description	Cost
Case A	YES	Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs	YES – item 13 of article 270 of the Civil Procedure Act	N/A	Notarial authentication of divorce agreement is necessary	EUR 37 – EUR 689 The actual costs are determined according to the value of the subject
Case B	YES	Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs	YES – item 13 of article 270 of the Civil Procedure Act	N/A	Notarial authentication of divorce agreement is necessary	EUR 37 – EUR 689 The actual costs are determined according to the value of the subject

Costs for legal aid and other reimbursement

Case study	Legal Aid			Reimbursement
	When and under which conditions is it applicable?	When is support total?	Conditions?	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	See section on Legal Aid above	Always	See section on Legal Aid above	YES	It depends on the success of the winning party	See section: when does the losing party have to pay the winning party’s costs?	YES
Case B	See section on Legal Aid above	Always	See section on Legal Aid above	YES	It depends on the success of the winning party	See section: when does the losing party have to pay the winning party’s costs?	YES

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under what conditions is it necessary?	Approximate cost?	When and under what conditions is it necessary?	Approximate cost?	Description	Approximate cost?
Case A	N/A	N/A	N/A	N/A	N/A	N/A
Case B	All applications to the Court must be in Slovene language or another language in formal use in the court (Italian and Hungarian in some courts). Article 104 of the Civil Procedure Act.	Example: 50 pages cost EUR 1262.25	If the party involved does not understand the language in which the proceeding is being conducted.	Example: half an hour of interpretation costs EUR 34.43	N/A	N/A

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Case study 2 - family law - custody of the children - Slovenia

In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorized to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.

Costs in Slovenia

Costs for Court, Appeals and Alternative Dispute Resolution

Case Study	Court			Appeals			ADR
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees	Is this option open for this type of case?	Costs
Case A	EUR 45	N/A	N/A	EUR 22.50	N/A	N/A	YES	N/A
Case B	EUR 45	N/A	N/A	ER 22.50	N/A	N/A	YES	N/A

Costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff
	Is representation compulsory?	Average costs	Is representation compulsory?	Pre-judgement costs	Post-judgement costs
Case A	NO	EUR 172.50	N/A	N/A	N/A
Case B	NO	EUR 172.50	N/A	N/A	N/A

Case Study	Expert
	Is use compulsory?	Cost
Case A	NO	EUR 644 Average for a medium to difficult case
Case B	NO	EUR 644 Average for a medium to difficult case

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security		Other fees
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost	Description	Cost
Case A	YES	Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs	YES – item 13 of the article 270 of the Civil Procedure Act	N/A	N/A	N/A
Case B	YES	Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs	YES – item 13 of the article 270 of the Civil Procedure Act	N/A	N/A	N/A

Costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under which conditions is it applicable?	When is support total?	Conditions?
Case A	See section on Legal Aid: income threshold applicable to legal aid in civil justice	Always	See section on Legal Aid: income threshold applicable to legal aid in civil justice
Case B	See section on Legal Aid: income threshold applicable to legal aid in civil justice	Always	See section on Legal Aid: income threshold applicable to legal aid in civil justice

Case study	Reimbursement
	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	YES	It depends on the success of the winning party	See section: When the losing party have to pay the winning party's costs?	YES
Case B	YES	It depends on the success of the winning party	See section: When the losing party have to pay the winning party's costs?	YES

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under what conditions is it necessary?	Approximate cost?	When and under what conditions is it necessary?	Approximate cost?	Description	Approximate cost?
Case A	N/A	N/A	N/A	N/A	N/A	N/A
Case B	All applications to the Court must be in Slovene language or another language in formal use in the court (Italian and Hungarian in some courts). Article 104 of the Civil Procedure Act	Example: 50 pages cost EUR 1262.25	If the party involved does not understand the language in which the proceeding is being conducted	Example: half an hour of interpretation costs EUR 34.43	N/A	N/A

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Case study 3 - family law - alimony - Slovenia

In this case study on family law – alimony, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence.

An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.

Costs in Slovenia

Costs for court, appeals and alternative dispute resolution

Case Study	Court			Appeals
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees
Case A	EUR 45	N/A	N/A	EUR 22.50	N/A	N/A
Case B	EUR 45	N/A	N/A	EUR 22.50	N/A	N/A

Case Study	ADR
	Is this option open for this type of case?	Costs
Case A	YES	N/A
Case B	YES	N/A

Costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff
	Is representation compulsory?	Average costs	Is representation compulsory?	Pre-judgement costs	Post-judgement costs
Case A	NO	EUR 172.50	N/A	N/A	N/A
Case B	NO	EUR 172.50	N/A	N/A	N/A

Case Study	Expert
	Is use compulsory?	Cost
Case A	NO	EUR 644 Average for a medium to difficult case
Case B	NO	EUR 644 Average for a medium to difficult case

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security		Other fees
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost	Description	Cost
Case A	YES	Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs	YES – item 13 of article 270 of the Civil Procedure Act	N/A	N/A	N/A
Case B	YES	Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs	YES – item 13 of article 270 of the Civil Procedure Act	N/A	N/A	N/A

Costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under what conditions is it applicable?	When is support total?	Conditions?
Case A	See section on Legal Aid: income threshold applicable to legal aid in civil justice	Always	See section on Legal Aid: income threshold applicable to legal aid in civil justice
Case B	See section on Legal Aid: income threshold applicable to legal aid in civil justice	Always	See section on Legal Aid: income threshold applicable to legal aid in civil justice

Case study	Reimbursement
	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	YES	It depends on the success of the winning party	See section: when does the losing party have to pay the winning party's costs?	YES
Case B	YES	It depends on the success of the winning party	See section: when does the losing party have to pay the winning party's costs?	YES

Costs for translation and interpretation

Case study	Translation		Interpretation
	When and under which conditions is it necessary?	Approximate cost?	When and under which conditions is it necessary?	Approximate cost?
Case A	N/A	N/A	N/A	N/A
Case B	All applications to the court must be in Slovene language or other language that is in formal use in the court (Italian and Hungarian language in some courts). Article 104 of the Civil Procedure Act	Example: 50 pages cost EUR 1262,25	If the party involved does not understand the language in which the proceeding is being conducted	Example: half an hour of interpretation costs EUR 34.43

Case study	Other costs specific to cross-border disputes?
	Description	Approximate cost?
Case A	N/A	N/A
Case B	N/A	N/A

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Case study 4 - commercial law - contract - Slovenia

In this case study on commercial law – contract, Member States were asked to advise the seller on litigation costs in order to consider the following situations:

Case A – National situation: A company delivered goods worth 20.000 euros. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed.

The seller decides to sue to obtain the full payment of the price.

Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth 20.000 euros to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided under the contract with the buyer.

Costs in Slovenia

Costs for Court, Appeals and Alternative Dispute Resolution

Case Study	Court			Appeals
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees
Case A	EUR 621	N/A	N/A	EUR 621	N/A	N/A
Case B	EUR 621	N/A	N/A	EUR 621	N/A	N/A

Case Study	ADR
	Is this option open for this type of case?	Costs
Case A	YES	N/A
Case B	YES	N/A

Costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff
	Is representation compulsory?	Average costs	Is representation compulsory?	Pre-judgement costs	Post-judgement costs
Case A	NO	EUR 1047.50	N/A	N/A	N/A
Case B	NO	EUR 1047.50	N/A	N/A	N/A

Case Study	Expert
	Is use compulsory?	Cost
Case A	NO	EUR 644 Average for a medium to difficult case
Case B	NO	EUR 644 Average for a medium to difficult case

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security		Other fees
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost	Description	Cost
Case A	YES	Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs	YES – item 13 of the article 270 of the Civil Procedure Act	N/A	N/A	N/A
Case B	YES	Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs	YES – item 13 of the article 270 of the Civil Procedure Act	N/A	N/A	N/A

Costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under which conditions is it applicable?	When is support total?	Conditions?
Case A	See section on Legal Aid: the income threshold applicable to legal aid in civil justice	Always	See section on Legal Aid: the income threshold applicable to legal aid in civil justice
Case B	See section on Legal Aid: the income threshold applicable to legal aid in civil justice	Always	See section on Legal Aid: the income threshold applicable to legal aid in civil justice

Case study	Reimbursement
	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	YES	It depends on the success of the winning party.	See section on: when does the losing party have to pay the winning party's costs?	YES
Case B	YES	It depends on the success of the winning party.	See section on: when does the losing party have to pay the winning party's costs?	YES

Costs for translation and interpretation

Case study	Translation		Interpretation
	When and under what conditions is it necessary?	Approximate cost?	When and under what conditions is it necessary?	Approximate cost?
Case A	N/A	N/A	N/A	N/A
Case B	All applications to the court must be in Slovene language or other language that is in formal use in the court (Italian and Hungarian language in some courts). Article 104 of the Civil Procedure Act	Example: 50 pages cost EUR 1262.25	If the party involved does not understand the language in which the proceeding is being held	Example: half an hour of interpretation costs EUR 34.43

Case study	Other costs specific to cross-border disputes?
	Description	Approximate cost?
Case A	N/A	N/A
Case B	N/A	N/A

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Case study 5 - commercial law - responsibility - Slovenia

In this case study on commercial law – responsibility, Member States were asked to advise the customer on litigation costs in order to consider the following situations:

Case A – National situation: A heating equipment manufacturer delivers a heater to an installer. The installer on-sells (and installs) the heater to a customer to equip his/her house. The house catches fire shortly thereafter. Every participant (heating equipment manufacturer, installer, end-customer) is insured. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to sue for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies.

Case B – Transnational situation: A heating equipment manufacturer in a Member State B delivers heater to an installer in a Member State C. The installer on-sells the heater (and installs) the heater to a customer in Member State A to equip his/her house. The house catches fire shortly thereafter. Each participant (heating equipment manufacturer, installer, end-customer) is insured by an insurance company in its own Member State. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to sue in Member State A for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies in Member State A.

Costs in Slovenia

Costs for Court, appeals and alternative dispute resolution

Case Study	Court			Appeals			ADR
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees	Is this option open for this type of case?	Costs
Case A	EUR 3225	N/A	N/A	EUR 3225	N/A	N/A	YES	N/A
Case B	EUR 3225	N/A	N/A	EUR 3225	N/A	N/A	YES	N/A

Costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff
	Is representation compulsory?	Average costs	Is representation compulsory?	Pre-judgement costs	Post-judgement costs
Case A	NO	EUR 2987.50	N/A	N/A	N/A
Case B	NO	EUR 2987.50	N/A	N/A	N/A

Case Study	Expert
	Is use compulsory?	Cost
Case A	NO	EUR 644 The average work of the expert covering a medium-difficult case.
Case B	NO	EUR 644 The average work of the expert covering a medium-difficult case.

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security		Other fees
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost	Description	Cost
Case A	YES	Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs.	YES – item 13 of the article 270 of the Civil Procedure Act	N/A	N/A	N/A
Case B	YES	Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs.	YES – item 13 of the article 270 of the Civil Procedure Act	N/A	N/A	N/A

Costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under which conditions is it applicable?	When is support total?	Conditions?
Case A	See section on Legal Aid: income threshold applicable to legal aid in civil justice	Always	See section on Legal Aid: income threshold applicable to legal aid in civil justice
Case B	See section on Legal Aid: income threshold applicable to legal aid in civil justice	Always	See section on Legal Aid: income threshold applicable to legal aid in civil justice

Case study	Reimbursement
	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	YES	It depends on the success of the winning party	See section: when does the losing party have to pay the winning party's costs?	YES
Case B	YES	It depends on the success of the winning party	See section: when does the losing party have to pay the winning party's costs?	YES

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under what conditions is it necessary?	Approximate cost?	When and under what conditions is it necessary?	Approximate cost?	Description	Approximate cost?
Case A	N/A	N/A	N/A	N/A	N/A	N/A
Case B	All applications to the Court must be in Slovene language or other language that is in formal use in the court (Italian and Hungarian language in some courts). Article 104 of the Civil Procedure Act	Example: 50 pages cost EUR 1262.25	If the party involved does not understand the language in which the proceeding is being held	Example: half an hour of interpretation costs EUR 34.43	N/A	N/A