Višje sodišče v Ljubljani; 2022-06-29; I Cp 680/2022
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2022:I.CP.680.2022
Date: 2022-06-29
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82022SI0629(51)_ENG_SUMJURE
JURE summary
JURE summary
The dispute concerning the shares in the joint property is not an accounting proceeding (obračunska pravda), meaning that the purpose of such proceedings is not to determine every individual amount in the parties’ income or to ascertain in detail the precise value of the property and similar matters.
The jurisdiction of the courts of the Republic of Slovenia to rule on joint property located in the Republic of Croatia derives from the Regulation concerning matrimonial property regimes (1). Although this Regulation entered into force on 29 January 2019, its transitional provisions (Article 69(2)) stipulate that, ‘if he proceedings in the Member State of origin were instituted before 29 January 2019, decisions given after that date shall be recognised and enforced in accordance with Chapter IV as long as the rules of jurisdiction applied comply with those set out in Chapter II’.
The parties to the proceedings are former spouses, both of whom are nationals and residents of Slovenia. The Court of First Instance, therefore, correctly concluded that the courts of the Republic of Slovenia have jurisdiction.
(1) Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.