supreme court key decisions

Key decisions represent a selection of most important decisions by the panels of the Supreme Court of the Republic of Slovenia, which are published periodically in book form as part of the collections of Supreme Court decisions by GV Založba, d.o.o.

Translations (by Barbara Rovan) are unofficial, and are re-published here with the permission of the publisher and the translator.

The list of the decisions links to a .pdf document, and includes the decision date and its reference number. The same decisions can be accessed in Slovenian language by clicking on the linked reference numbers or by using them as a search parameter in Sodna praksa (Case Law) databases.

CIVIL LAW DEPARTMENT:

• The right to judicial protection – suspension of the proceedings pending the resolution of the border dispute between the countries (26 May 2011) - II Ips 868/2009

• Willful misrepresentation or concealment of circumstances significant for risk assessment – objections by insurance company against a beneficiary (14 April 2011) - II Ips 22/2010

• Partial deprivation of the capacity to contract – representation by a temporary guardian in the proceeding with extraordinary legal remedies (1 December 2011) - II Ips 306/2011

• Threshold put on the repayment claimed by insurance companies (15 June 2006) - II Ips 615/2004
  
  
• Care and upbringing of a child – preventing contacts with a child(22 June 2006) - II Ips 356/2006
  
  
• Broadcast of a correction of a message – comprehensibility and the length of the text (15 March 2007) - II Ips 196/2005
  
  
• Responsibility of the state for the work of the police – the interference with communication privacy (10 October 2007) - II Ips 473/2005
  
  
• Responsibility of the state for the work of the police – police detention of an injured victim of a criminal offence (25 October 2007) - II Ips 616/2007
  
  
• Liability of the Republic of Slovenia for war damage – the stolen children (10 January 2008) - II Ips 449/2007
  
  
• Refusal to conclude a lease agreement for an apartment - changed circumstances and the amount of profit rent (18 September 2008) - II Ips 529/2007
  
  
• The legal capacity of a minor to be a party to a maintenance recovery procedure (27 November 2008) - II Ips 684/2008
  
  
• The right of the state to the publication of a response (19 March 2009) - II Ips 1165/2008
  
  
• Nullity and voidness of a life insurance contract − the insured event in a nascent stage (16 April 2009) - II Ips 995/2006
   
• The right of the state to the publication of a correction (3 December 2009) - II Ips 595/2009
  
  
• Arbitration procedure − annulment of arbitration decision (10 December 2009) - II Ips 82/2007
  
  
• Recognition of a foreign judicial decision − adoption of a child by same-sex partners (28 January 2010) - II Ips 462/2009

COMMERCIAL LAW DEPARTMENT:

• Challenging debtor’s legal acts – assignment  (11 October 2011) - III Ips 237/2008
   
• Court register entry of the exclusion of a partner from the Articles of Association (2 April 2010) - III Ips 118/2007
   
• Analogous application of the Code of Obligations regarding sanctions in the case of the nullity of  the supervisory board resolutions – action for establishing nullity of the entry in the court register – the legal interest of a shareholder (27 January 2011) - III Ips 243/2008
   
• The right of a partner to information – assistance by a third person in gathering information and carrying out inspection (27 January 2011) - III Ips 75/2010
   
• The liability of the management board member of a public limited company in the case of omission when managing operations (21 December 2010) - III Ips 75/2008
   
• Right to participation in the increase of initial capital from the joint-stock company assets – the cut-off date (23 December 2005) - G 11/2005
  
  
• Considerable interest in a fast decision in the court register procedure – lifting the ban on registering (30 September 2008) - III Ips 175/2007
  
  
• Cancellation of business lease in co- ownership – relations among lessors (16 December 2008) - III Ips 48/2007

CRIMINAL LAW DEPARTMENT:

• Search – seizure of items (24 December 2004) - I Ips 54/2003
  
  
• Search – grounds for suspicion that a person committed a criminal offence (3 November 2005) - I Ips 333/2005
  
  
• The right of the defendant to confront the prosecution witness – undercover police agent(21 December 2006) - I Ips 208/2005
  
  
• Evidentiary value of a statement given to policemen (18 January 2007) - I Ips 65/2005
  
  
• Request for the protection of legality – definition of alleged violations (23 October 2008) - I Ips 346/2008
   
• Statement of reasons for the ruling – Evidence on which the ruling is based (2 July 2009) - I Ips 252/2008
   
• Admissibility of evidence from another proceeding (9 July 2009) - I Ips 493/2008
   
• Covert investigative measures – principle of proportionality – reasonable
  grounds for suspicion (17 September 2009) - I Ips 440/2008
  

LABOUR LAW DEPARTMENT:

• Extraordinary termination of employment contract – right of the worker to defence (1 March 2005) - VIII Ips 20/2005
  
  
• Ordinary termination of employment contract – period of notice and severance pay (22 March 2005) - VIII Ips 36/2005
  
  
• The principle in favorem laboratoris – extraordinary termination of employment contract (10 May 2005) - VIII Ips 125/2005
  
  
• Extraordinary termination of employment contract – substantiated reason (22 November 2005) - VIII Ips 286/2005