SLOVENIA Trends and Developments Contributed by: Bojan Brežan, Marko Frantar, Maks David Osojnik and Špela Lovšin, Schoenherr Slovenia
Schoenherr Slovenia Tomšičeva ulica 3 SI-1000
Ljubljana Slovenia
Tel: +386 1 200 09 80 Fax: +386 1 426 07 11 Email: office.slovenia@schoenherr.eu Web: www.schoenherr.si/en
The Use of Collective Actions in Slovenia: Status Quo Although collective redress was not entirely alien to the Slovenian legal system prior to adoption of the Collective Actions Act in 2017, the available instru- ments were limited both in scope and effect. Tradi- tionally, the majority of disputes have been brought before Slovenian courts by individuals suing on behalf of themselves only. Unsurprisingly, the Collective Actions Act, which entered into force in 2017, did not gain much traction in the first years of its applica- tion. Until 2021, only three collective actions had been brought before Slovenian courts. This trend changed in 2021, with a total of 22 new collective actions being filed since. One was launched in 2021 against Apple, Inc concerning allegations that the company deliberately slowed down and reduced the functionality of certain iPhone models sold on the Slovenian market. In 2022, a series of collective actions were filed against various Slovenian banks on the allegations that they unlawfully failed to apply neg- ative EURIBOR interest rates in consumer loans with variable interest rates. Subsequently, in 2023, addi- tional collective actions were filed against the lead- ing Slovenian telecommunications operators on the allegations of their unilateral prices increases being unlawful. In October 2025, a collective action was filed against a Slovenian energy supplier on allegations of unlawful unilateral increases in electricity prices for household customers. As of October 2025, the fore- going proceedings filed since 2021 remain at a very early phase (certification stage).
The Collective Actions Act also provides for a collec- tive settlement. There have not been any collective settlements reached as of October 2025. New instrument, novel legal issues At the time of writing, the Collective Actions Act remains largely untested before Slovenian courts and its scarce application leaves door open to challeng- es posed by different interpretations. Most of these relate to a preliminary stage that is unique to collec- tive action proceedings, during which the court must determine whether a collective action satisfies the many statutory criteria. Slovenian courts will need to determine, for instance, if the claims bundled in a collective action are suitable for adjudication in a single (consolidated) proceeding. The court may only certify a collective action if: • common questions of law or fact prevail over those specific to individual group members; and • the group is so numerous that pursuing claims in individual actions or through joinder would be less efficient that bringing a compensatory collective action. This will require the court to closely analyse the pros and cons of conducting one single proceeding versus multiple (bilateral) proceedings, while keeping a close eye on the procedural requirements that apply specifi- cally to collective actions, as well as more generally to all litigation proceedings. Further, the court will also need to determine – based on broadly formulated statutory criteria – whether the
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