Regional court Banská Bystrica; 2013-10-31; Plzenske mestske dopravni podniky c/a U.Y.; 17CoE/80/2013
Decision by national courts in the field of European Union law — ECLI:SK:KSBB:2013:6812205660.2
Date: 2013-10-31
Subject matter: Judicial cooperation in civil matters
Origin: Slovakia

82013SK1031(51)_ENG_SUMJURE
JURE summary
JURE summary
The Regional court as an appellate court confirmed the decision of the District court Revúca on the discontinuation of the proceedings for a declaration of enforceability due to the failing of the applicant to pay court fees.
The District court Revúca discontinued its proceedings for declaration of enforceability of a Czech judgement since the applicant had not fulfilled his duty to pay the required court fee. The applicant appealed against this decision stating that pursuant to the Article 52 of Brussels I Regulation no charge, duty or fee may be levied in proceedings for the issue of a declaration of enforceability. The appellant also suggested that the Regional court submit a preliminary question on interpretation of the said Article to the Court of Justice of the European Union.
The Regional court disagreed with the legal opinion of the appellant and stated that Article 52 of Brussels I Regulation merely forbids the court to levy a charge, duty or fee calculated by reference to the value of the matter at issue, but does not constitute a general ban on charging fees. A lump-sum court fee as required under Slovak law was therefore consistent with the said Article of the Regulation.