Case study 3 - family law - alimony - Slovenia

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.

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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

Last update: 30/12/2015

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