Collective Redress in Slovenia:

Selected Topics and Related Opportunities For Improvement

Although the Slovenian Collective Actions Act was adopted in 2017,2 no collective action for damages pertaining to consumer rights has yet been finally concluded, leaving many questions untested in the judicial practice. In this article, we focus on the questions of standing of eligible entities, especially regarding the condition of "ungainful" activity, the regulation of costs and funding in light of the general aim of the Collective Actions Act of 26 September 2017 to facilitate access to justice, how the rules on determination of claim and duty of disclosure derogate from those used in general litigation, and the effect of separate individual litigation related to the same event as the collective action.

1. STANDING TO BRING A REPRESENTATIVE ACTION (ELIGIBILITY)3

With the adoption of t...

Verder in dit artikel:

Selected Topics and Related Opportunities For Improvement

1. STANDING TO BRING A REPRESENTATIVE ACTION (ELIGIBILITY)[3]

1.1. Legal entity

1.2. Ungainful activity

2. COSTS AND FUNDING OF COLLECTIVE ACTIONS PROCEEDINGS IN SLOVENIA

2.1. Determining the value of the dispute

2.2. Bearing of legal costs: loser pays principle

2.3. Funding of collective actions proceedings

3. DETERMINATION OF CLAIMS IN COLLECTIVE ACTIONS

4. THE INTERPLAY BETWEEN INDIVIDUAL AND COLLECTIVE ACTIONS FOR DAMAGES ARISING OUT OF THE SAME (MASS) HARMFUL EVENT

5. DUTY OF DISCLOSURE

6. CONCLUSION