Vrhovno sodišče Republike Slovenije; 2023-11-16; II Ips 41/2023
Decision by national courts in the field of European Union law — ECLI:SI:VSRS:2023:II.IPS.41.2023
Date: 2023-11-16
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82023SI1116(51)_ENG_SUMJURE
JURE summary
JURE summary
The question of the jurisdiction of Slovenian courts to dissolve a marriage involving an international element is governed by the new Brussels II Regulation (1). This Regulation forms part of Slovenia’s national law as a Member State of the European Union and is binding and directly applicable to it.
In the present case, it is essential that the application for a decision on custody, care of the child, and rights of access (which, under Article 3 of the MKSOVO (2), falls within the scope of measures for the protection of children) was submitted alongside the request for dissolution of the child’s parents’ marriage. In such situations, Article 10 of the MKSOVO provides for the attraction of jurisdiction, whereby proceedings concerning custody, the care of the child, and right of access are assigned to the court having jurisdiction over the divorce proceedings of the child’s parents, even if that court would not otherwise have jurisdiction to determine protective measures under Article 7 of the MKSOVO.
(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.
(2) The Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.