Višje sodišče v Ljubljani; 2016-02-24; II Ip 410/2016
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2016:II.IP.410.2016
Date: 2016-02-24
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82016SI0224(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’), concerns the enforcement in Slovenia of a maintenance obligation granted by a foreign court.
The Court of First Instance dismissed the plaintiffs’ application to enforce a maintenance obligation arising from a decision of the Juvenile Court in Trieste, Italy. It held that the plaintiffs had failed to provide the required extract from the Italian judgment, as prescribed in Article 20(1)(b) of the Council Regulation (EC) No 4/2009 (1). Since the plaintiffs did not properly supplement their application, enforcement was refused.
The plaintiffs appealed, arguing that all formal requirements for enforcement had been met.
The Court of Appeal, after examining the case file, confirmed that the Court of First Instance had correctly found that the plaintiffs had not attached the extract from the Italian judgment in the form prescribed in Annex I to Council Regulation (EC) No 4/2009. When invited to complete the application, the plaintiffs instead submitted a certificate issued by the Italian court under Article 39 of the new Brussels II Regulation (2). However, the Court of Appeal held that this was the incorrect document, as the new Brussels II Regulation, pursuant to Article 1(3)(e), does not apply to maintenance obligations. Moreover, the attached certificate expressly stated that the Italian decision was not enforceable in the Member State of origin. Accordingly, the conditions for enforcement under Council Regulation (EC) No 4/2009 had not been satisfied, and the enforcement procedure in Slovenia could not proceed.
Therefore, the Court of Appeal dismissed the appeal as unfounded and upheld the decision of the Court of First Instance.
(1) Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.
(2) 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.