Višje sodišče v Ljubljani; 2024-06-12; IV Cp 808/2024
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2024:IV.CP.808.2024
Date: 2024-06-12
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82024SI0612(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’), concerned the jurisdiction of the Slovenian courts in matrimonial matters and matters of parental responsibility.
The plaintiff lodged an application before the Court of First Instance seeking (i) divorce, and (ii) a decision on parental responsibility, namely the entrustment of the parties’ two minor children to her care and the regulation of contact. The Court of First Instance relied on the ZMZPP (1), held that the Slovenian courts lacked jurisdiction, and rejected the application as inadmissible.
The plaintiff appealed, arguing that jurisdiction was governed by the new Brussels II Regulation (recast) (2). She relied, in particular, on the fact that she had been continuously employed in Slovenia since July 2019, lived there with the children (who attended school and extracurricular activities in Slovenia), and held a lease and registered residence in Slovenia. The family had lived in Slovenia until the defendant moved to Bosnia and Herzegovina in late October 2023, after which the plaintiff and the children remained in Slovenia.
The Court of Appeal upheld the appeal. It held that jurisdiction was governed by the new Brussels II Regulation (recast). As regards divorce, the Slovenian courts had jurisdiction under Article 3(1)(a)(v), since the plaintiff’s habitual residence was in Slovenia and she had resided there for at least one year immediately before the application was made. As regards parental responsibility, jurisdiction was established under Article 10(1)(a)(i), because the children had a substantial connection with Slovenia, in particular as the plaintiff—who held parental responsibility—was habitually resident there.
Accordingly, the Court of Appeal set aside the contested order of the Court of First Instance.
(1) Zakon o mednarodnem zasebnem pravu in postopku (Private International Law and Procedure Act).
(2) Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast).