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Recognition of foreign proceedings
Under what circumstances will the courts in your jurisdiction recognise the validity of foreign insolvency proceedings?
Foreign insolvency proceedings are generally recognised in Slovenia, subject to conditions set out in the insolvency statute and the general conditions on the recognition of foreign court judgments. However, these rules are not applicable in cases:
- which fall within the scope of the EU Insolvency Regulation (1346/2000), which is directly applicable in Slovenia since it is a member of the European Union; or
- where an international treaty applies.
Slovenia has also adopted the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency.
Domestic courts may generally refuse to recognise foreign insolvency proceedings or a request by a foreign court if this could have a negative impact on Slovenia’s sovereignty, security or public interest.
Winding up foreign companies
What is the extent of the courts’ powers to order the winding up of foreign companies doing business in your jurisdiction?
The courts’ power is limited to companies or subsidiaries which:
- are registered in Slovenia;
- have their centre of main interest in Slovenia; or
- have assets in Slovenia.
Centre of main interests
How is the centre of main interests determined in your jurisdiction?
A company’s centre of main interests is determined in accordance with the EU Insolvency Regulation, where applicable.
Under Slovenian law, if not proven otherwise, a company’s centre of main interest is determined as the country in which it has its registered seat.
What is the general approach of the courts in your jurisdiction to cooperating with foreign courts in managing cross-border insolvencies?
According to Slovenian insolvency legislation, the courts must cooperate with foreign courts in managing cross-border insolvencies to the highest extent possible. No special form for cooperation is prescribed.
Domestic courts are entitled to:
- exchange information directly with a foreign court or administrator;
- request information or legal assistance directly from a foreign court or administrator; and
- provide information or carry out acts of legal aid on the basis of a direct request from a foreign court or administrator.
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