Višje sodišče v Ljubljani; 2024-01-30; Cst 8/2024
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2024:CST.8.2024
Date: 2024-01-30
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82024SI0130(52)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’), concerned the validity of a certificate of enforceability issued under Article 53 of the Brussels I Regulation (recast) (1) in relation to legal costs awarded in personal bankruptcy proceedings.
The dispute arose in the context of personal bankruptcy proceedings conducted against an individual (hereinafter ‘the debtor’). A creditor objected to the discharge of the debtor’s obligations; during the proceedings, the claim was assigned to a Croatian company (hereinafter ‘the plaintiff’). The objection was ultimately dismissed for lack of procedural standing. In a final decision, the Court of Appeal ordered the plaintiff to reimburse the debtor’s legal costs. The plaintiff failed to comply with that obligation.
At the debtor’s request, the Okrožno sodišče v Mariboru (hereinafter ‘the Court of First Instance’) issued a certificate of enforceability pursuant to Article 53 of the Brussels I Regulation (recast) to facilitate enforcement abroad. The plaintiff subsequently filed applications seeking the withdrawal, rectification or annulment of the certificate, relying, inter alia, on Regulation (EC) No 805/2004 (2).
The Court of First Instance rejected those applications, holding that Regulation (EC) No 805/2004 was inapplicable, as no European Enforcement Order had been issued and the certificate was based exclusively on the Brussels I Regulation (recast).
The plaintiff appealed. As regards the nature of the costs, the Court of Appeal clarified that proceedings concerning an objection against the discharge of obligations are ancillary to, but distinct from, the general administration of the bankruptcy estate. Such proceedings are directed against the debtor personally. Accordingly, the debtor may appoint legal representation, and the costs of that representation do not constitute costs of the bankruptcy proceedings payable from the estate under the ZFPPIPP (3). Those costs must initially be borne by the debtor personally; if the debtor succeeds, he – and not the bankruptcy estate – is entitled to reimbursement. The Court emphasised that a natural person and a natural person as a bankruptcy debtor share a single and indivisible legal personality.
With respect to the plaintiff’s liability for costs, the Court of Appeal held that, although the objection was dismissed for lack of procedural standing, the plaintiff, as assignee of the claim, had caused the costs by maintaining the objection and was therefore required to reimburse them. The Court also rejected the plaintiff’s allegations of procedural irregularities, finding that all relevant documents had been properly served on the plaintiff’s legal representative and that the plaintiff had been allowed to participate in the proceedings.
Finally, as regards competence to issue the certificate of enforceability, the Court of Appeal confirmed that, pursuant to Article 42a of the ZIZ (4), the court that decided the matter at first instance is the competent authority to issue certificates under the relevant European Union instruments. Consequently, the Court of First Instance was competent to issue the certificate, notwithstanding that the Court of Appeal had made the cost order.
The Court of Appeal therefore dismissed the appeal and upheld the decision of the Court of First Instance.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).
(2) Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims.
(3) Zakon o finančnem poslovanju, postopkih zaradi insolventnosti in prisilnem prenehanju (Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act).
(4) Zakon o izvršbi in zavarovanju (Enforcement and Security Act).