Case study 5 - commercial law - responsibility - Slovenia

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.

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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

Last update: 30/12/2015

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