Višje sodišče v Ljubljani; 2018-01-10; I Ip 3664/2017
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2018:I.IP.3664.2017
Date: 2018-01-10
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82018SI0110(51)_ENG_SUMJURE
JURE summary
JURE summary
The plaintiff in this case sought, before the Okrajno sodišče v Ljubljani (hereinafter ‘the Court of First Instance’), an enforcement of a notarial act issued in Croatia.
The Court of First Instance invoked the Brussel I Regulation (1) and said that the request for enforcement must comply with the conditions set out in its Article 57, which was not the case in the present proceedings as the plaintiff had failed to provide a declaration of enforceability of that notarial act in state of origin – Croatia.
The plaintiff appealed to the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’) alleging that the Brussels I Regulation (recast) (2) should be applied instead and that the notarial act should be enforceable in Slovenia without any further proceedings being necessary. The Court of Appeal dismissed the claim in which the application of a wrong regulation was alleged, as the notarial act in question was issued before the entry into force of the recast version of the contested regulation.
The Court of Appeal further held that Article 57 of the Brussels I Regulation (recast) clearly refers to Article 38, according to which a judgment (including notarial act) shall be enforced when it has been declared enforceable in the state of its origin. Since the plaintiff did not provide such declaration, the Court of First Instance was correct in dismissing the action. The application for enforcement of the notarial act in question may be successful only when the plaintiff provides the notarial act together with a declaration of its enforceability.
The appeal was dismissed, and the first instance decision was upheld.
(1) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.