Višje sodišče v Ljubljani; 2024-11-20; I Ip 1104/2024
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2024:I.IP.1104.2024
Date: 2024-11-20
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82024SI1120(51)_ENG_SUMJURE
JURE summary
JURE summary
In the European Union, creditors are, by virtue of the principle of equal treatment, entitled to the same procedural rights as domestic creditors. In order to enforce a judgment, court settlement or authentic instrument issued by a Slovenian court or drawn up in Slovenia, the creditor must either obtain a European Enforcement Order before a Slovenian court, which can then be enforced in another Member State where the debtor’s assets are located, or obtain a declaration of enforceability in the Member State where enforcement is sought, that is, in the Member State where the debtor’s assets are situated, in accordance with the procedure laid down in the Brussels I Regulation (recast) (1). Alternatively, the creditor may, by obtaining a freezing order, prevent the transfer or withdrawal of the debtor’s funds from any bank account within the European Union. This constitutes a protective measure and does not effect a transfer of funds to the creditor.
The facts relied upon in the appeal – which were not disputed before the Court of Appeal – namely that the bank in question is a payment services provider and is listed by the Bank of Slovenia among the institutions notified as operating in the Republic of Slovenia, do not alter the essential finding that the funds in question are the debtor’s funds ‘located abroad’. The debtor has a claim against that bank for the payment of funds owed by its own debtor situated abroad, and enforcement in respect of such funds is not possible for the reasons set out above.
(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 (recast).