Nota: la versión original de esta página esloveno se modificó recientemente. Nuestros traductores trabajan en una versión en la lengua que está consultando.

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

Last update: 08/11/2019

The national language version of this page is maintained by the respective Member State. 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. The European Commission accepts no 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.

Nota: la versión original de esta página esloveno se modificó recientemente. Nuestros traductores trabajan en una versión en la lengua que está consultando.

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

Last update: 08/11/2019

The national language version of this page is maintained by the respective Member State. 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. The European Commission accepts no 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.

Nota: la versión original de esta página esloveno se modificó recientemente. Nuestros traductores trabajan en una versión en la lengua que está consultando.

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

Last update: 08/11/2019

The national language version of this page is maintained by the respective Member State. 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. The European Commission accepts no 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.

Nota: la versión original de esta página esloveno se modificó recientemente. Nuestros traductores trabajan en una versión en la lengua que está consultando.

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

Last update: 08/11/2019

The national language version of this page is maintained by the respective Member State. 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. The European Commission accepts no 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.

Nota: la versión original de esta página esloveno se modificó recientemente. Nuestros traductores trabajan en una versión en la lengua que está consultando.

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

Last update: 08/11/2019

The national language version of this page is maintained by the respective Member State. 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. The European Commission accepts no 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.