Vrhovno sodišče Republike Slovenije; 2007-02-26; Cpg 5/2006
Decision by national courts in the field of European Union law — ECLI:SI:VSRS:2007:CPG.5.2006
Date: 2007-02-26
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82007SI0226(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Vrhovno sodišče (hereinafter ‘the Supreme Court’), concerns the recognition of a foreign judgment.
The Okrožno sodišče v Kranju (hereinafter ‘the Court of First Instance’) recognised several Italian judgments as enforceable. The defendant objected to the recognition of the Italian judgments, but the Okrožno sodišče v Kopru (hereinafter ‘the Court of Appeal’) dismissed the objection and upheld the initial decision.
The defendant appealed to the Supreme Court on the grounds of incorrect findings of fact, incorrect application of substantive law and violation of procedural rules. Specifically, they stated that the plaintiff had not demonstrated that the requirement set out in Article 101 of the ZMZPP (1) had been met. This Article stipulates that ‘a foreign judgment shall not be recognised if there is no reciprocity.’
The Supreme Court recalled that the matter was governed by the provisions of the Brussels I Regulation (2), which take precedence over the national provisions of the ZMZPP. As the Court of First Instance had correctly applied the Regulation’s provisions, the appeal based on the incorrect application of substantive law was dismissed. The Supreme Court held that the Brussels I Regulation does not require reciprocity as a condition for recognition, unlike the ZMZPP. The defendant did not provide any further arguments suggesting that the Italian judgments should not have been recognised (in compliance with Articles 34 or 35 of the Regulation).
Therefore, the appeal was dismissed as unfounded, and the Court of Appeal’s decision rejecting the objection to the recognition of Italian judgments was upheld.
(1) Zakon o mednarodnem zasebnem pravu in postopku (Private International Law and Procedure Act).
(2) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.