Creditor v Debtor (Higher Court in Maribor Cp 2673/2002)

Procedural record

1. 24 July 2026Slovenia

   24 July 2026Slovenia

   Order of Higher Court in Maribor in the case Cp 2673/2002 dated 24 July 2026

   Higher Court in Maribor

   Case no.

   Cp 2673/2002

   Decision summary

   The Higher Court in Maribor granted the debtor’s appeal and objection, annulled the first-instance order recognizing a foreign civil judgment and permitting enforcement, and remanded the matter for a new proceeding. It held that recognition of a foreign judgment used for enforcement is a preliminary issue for the enforcement court and must be addressed in the reasoning rather than the operative part; the enforcement order was premature because the conditions for recognition had not been established.

   Participants

   Creditor

   Debtor

   Higher Court in Maribor

   Authorities cited

   4

   • Enforcement and Securing of Claims Act (ZIZ)
     statute
   • Private International Law and Procedure Act (ZMZP)
     statute
   • Civil Procedure Act (ZPP)
     statute
   • Amendment to the Enforcement and Securing of Claims Act (ZIZ-A)
     statute