Vrhovno sodišče Republike Slovenije; 2018-01-18; II Ips 254/2017
Decision by national courts in the field of European Union law — ECLI:SI:VSRS:2018:II.IPS.254.2017
Date: 2018-01-18
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82018SI0118(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards an appeal assessed by the Vrhovno sodišče Republike Slovenije (hereinafter ‘the Supreme Court’) in a case brought by a Slovenian plaintiff against the authorities of Austria (hereinafter ‘the defendant’).
The plaintiff claimed compensation, due to the allegedly inappropriate behaviour of Austrian officers in a police station in Austria.
The Okrožno sodišče v Mariboru (hereinafter ’the Court of First Instance’) invoked the Brussels I Regulation (recast) (1), citing that the place where the harmful event occurred was in Austria, held that the Slovenian courts lacked the jurisdiction to hear this case and dismissed the action.
The Višje sodišče v Mariboru (hereinafter ‘the Court of Appeal’) considered the Brussels I Regulation (recast) as not applicable to this case and decided that the Slovenian courts lacked jurisdiction in similar cases on the basis of national law.
The Supreme Court upheld the consideration that the Brussels I Regulation (recast) cannot be applied as its Article 1(1) explicitly provides that this regulation ‘shall not extend … to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii)’. The Supreme Court further cited its previous case-law, according to which, in compensation claims against foreign states arising from the exercise of state authority (acta iure imperii), the foreign state and its authorities bear judicial immunity from the Slovenian courts.
The Supreme Court dismissed the appeal.
(1) 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.