Višje sodišče v Kopru; 2008-05-07; Cp 431/2008
Decision by national courts in the field of European Union law — ECLI:SI:VSKP:2008:CP.431.2008
Date: 2008-05-07
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82008SI0507(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Kopru (hereinafter ‘the Court of Appeal’), concerns the jurisdiction of Slovenian courts in matrimonial matters, based on the habitual residence of spouses.
The Court of First Instance declared that it lacked jurisdiction to decide the case in question and dismissed the plaintiff’s claim.
The plaintiff appealed, arguing that the defendant’s last habitual residence had been in Slovenia. Relying on Article 3 of the new Brussels II Regulation (1), the plaintiff maintained that this provision established a sufficient connecting factor for Slovenian jurisdiction.
The Court of Appeal held that the Court of First Instance had correctly applied Article 3 of the new Brussels II Regulation. The burden of proving that the defendant’s last habitual residence was in Slovenia rested with the plaintiff. Although the Court of First Instance had invited the plaintiff to supplement the claim with relevant facts, no circumstances were indicated in the statement of claim or its supplement that could support the jurisdiction of the Slovenian courts.
Only at the appeal stage did the plaintiff assert that both parties had habitually resided in Slovenia and referred to a residence permit as evidence. However, this constituted a new allegation and new evidence, which could not be introduced for the first time on appeal.
The Court of Appeal therefore dismissed the appeal as unfounded and upheld the decision of the Court of First Instance.
(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.