Višje sodišče v Ljubljani; 2017-08-08; IV Cp 1749/2017
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2017:IV.CP.1749.2017
Date: 2017-08-08
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82017SI0808(51)_ENG_SUMJURE
JURE summary
JURE summary
The Okrožno sodišče v Kranju (hereinafter ‘the Court of First Instance’) divorced a plaintiff and defendant.
The defendant appealed the decision before the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’). She alleged that she was afraid of the plaintiff due to his alcoholism. However, she was still ready to live with him, if he would stop drinking. She admitted that she was currently living in Austria, where she works, but she did not break off her relations with family and friends in Slovenia. The plaintiff proposed that the appeal be refused.
The Court of Appeal held that the Court of First Instance correctly identified the legal facts, correctly applied the material law and found no relevant infringements of the procedural rules. The Court of Appeal also confirmed the jurisdiction of the Slovenian courts on the basis of Article 3(1)(a) second indent of the new Brussels II Regulation (1) according to which in matters relating to divorce, jurisdiction shall lie with the courts 'in whose territory the spouses were last habitually resident, insofar as one of them still resides there‘.
The Court of Appeal held irrelevant whether the defendant is prepared to maintain the marriage under certain conditions, if the plaintiff confirms that the marriage is unsustainable.
The appeal was dismissed, and the judgment of the Court of First Instance was upheld.
(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.