I.  PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.

Even before Slovenia joined the European Union (EU) enforcement of foreign money judgments was regulated by the Private International Law and Procedure Act  (PILPA). Subject to any international agreement regulating the matter in a different way, the relevant chapter  titled “Recognition and enforcement of foreign decisions” of the PILPA is still applicable in enforcement of foreign money judgments issued in non-EU Member States, whereby it is worth noticing that reciprocity is enacted as one of the leading principles regarding recognition (and subsequent enforcement), whereby reciprocity shall be assumed until proven otherwise (and in case of doubt, an explanation shall be provided by the Ministry of Justice). 

Under the general rules of supremacy of international treaties over national acts,  the PILPA  does not apply if recognition and enforcement of foreign money judgments is regulated by an international treaty. Slovenia is a signatory or a successor of several bilateral  and multilateral  agreements.

When Slovenia joined the EU in May 2004, part of its sovereign rights was transferred to the EU,  and a number of EU regulations became part of the Slovenian legal order. The most important directly applicable regulations in relation to enforcement of foreign money judgments include:

(i) Regulation (EC) No 44/2001  of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (in respect of judgments given in legal proceedings instituted, authentic instruments formally drawn up or registered and court settlements approved or concluded before 10 January 2015);

(ii) Regulation (EU) No 1215/2012  of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (in respect of legal proceedings instituted, authentic instruments formally drawn up or registered and court settlements approved or concluded on or after 10 January 2015);

(iii) Regulation (EC) No 805/2004  of 21 April 2004 creating European Enforcement Order for uncontested claims;

(iv) Regulation (EC) No 1896/2006  of 12 December 2006 creating a European order for payment procedure; and

(v) Regulation (EC) No 861/2007  of 11 July 2007 establishing a European Small Claims Procedure