Procedure of judicial protection
Article 281
(1) Judicial protection against decisions taken by the Insurance Supervision Agency shall be provided by the procedure laid down in this Act (hereinafter referred to as: procedure of judicial protection).
(2) In the procedure of judicial protection referred to in the preceding Paragraph hereunder, the provisions of the Administrative Disputes Act (Official Gazette of the Republic of Slovenia, No. 50/97) shall apply as appropriate, unless otherwise provided by this Act.
Right to judicial protection
Article 282
(1) The procedure of judicial protection may be initiated against decisions of the Insurance Supervision Agency.
(2) Notwithstanding the provisions of the preceding Paragraph, there shall be no special procedure of judicial protection against decisions through which the Insurance Supervision Agency initiates the procedure to withdraw authorisation.
(3) The Supreme Court of the republic of Slovenia shall be obliged to decide, within a time period of three months, on appeals against decisions whereby the Insurance Supervision Agency decides on objections against orders and refuses, rejects or alters the order. (4) A decision referred to in Paragraph (2) of this Article may be annulled by appeal in a procedure of judicial protection against the decision on withdrawal of authorisation.
Jurisdiction and composition of the court
Article 283
Decisions in the procedure of judicial protection shall be made by the Supreme Court of the Republic of Slovenia sitting in a panel of five judges.
Legal action and statement of defence
Article 284 (1) The legal action must be filed within eight days.
(2) The deadline for a statement of defence shall be eight days.
New facts and evidence
Article 285
The plaintiff in a procedure of judicial protection may not cite new facts or introduce new evidence.
Limits of trial
Article 286
The court shall try the decision of the Insurance Supervision Agency within the limits of the demands of the suit and within the limits of the grounds stated in the suit, and shall, ex officio, pay attention to fundamental violations of the provisions referred to in Paragraph (3) of Article 25 of the Administrative Disputes Act.
Sessions
Article 287 The court shall make a ruling without a prior trial.
Legal remedies
Article 288
There shall be no appeal against a judgement or decree handed down in the procedure of judicial protection.
16.5.2. Procedure of judicial protection against a decision on the winding-up of an insurance undertaking
Article 289
The provisions of this Subsection shall be applied in the procedure of judicial protection against a decision regarding the initiation of compulsory liquidation and against a decision regarding grounds for the initiation of bankruptcy (hereinafter referred to as: a decision on the winding-up of an insurance undertaking).
Plaintiffs
Article 290
(1) The legal action against the decision on the dissolution of an insurance undertaking may be filed by:
1. the insurance undertaking;
2. shareholders whose total shares amount to at least one-tenth of the initial capital or to the nominal amount of EUR 417,300.
(2) When the plaintiff is an insurance undertaking, it shall be represented in the proceeding of judicial protection by the board of directors whose other authorities and powers have ceased due to the decision on the winding-up of the insurance undertaking.
New facts and evidence
Article 291
(1) Notwithstanding the provision of Article 285 of this Act, the plaintiff may state in the action new facts and new circumstances against the winding-up of the insurance undertaking. When in the action he refers to documentary evidence, he must attach this evidence to the suit.
(2) The Insurance Supervision Agency may, in its reply to the action produce new facts and new circumstances. When it refers in its reply to documentary evidence, it must attach this evidence to the reply.
(3) When the plaintiff or the Insurance Supervision Agency does not attach to the action the documentary evidence to which it refers, the provisions on incomplete petitions shall not apply but the court shall, in adopting a decision, take into consideration only that evidence which has been attached to the suit or the reply.
(4) After the expiry of the deadline for filing the action or the statement of defence, the parties shall have no right to state new facts or produce new evidence.
Main trial and session
Article 292
(1) The court shall hand down its ruling after the main trial.
(2) The court may hand down its ruling without a main trial when it is established in the preliminary procedure that the actual situation in the procedure for the issuing of a decision on
the winding-up of the insurance undertaking has been established completely and correctly, or that this is not disputable.
Adopting decisions
Article 293
(1) When it is established by the court that grounds exist due to which the administrative act under Article 61 of the Administrative Disputes Act might be annulled and the matter be decided upon by virtue of a judgement, the court shall not annul the decision on the winding- up of the insurance undertaking but shall, in its judgement, only establish that the decision on the winding-up of the insurance undertaking was illegal and that no conditions for the
initiation of compulsory liquidation or bankruptcy had existed.
(2) The judgement under the preceding Paragraph hereunder shall not affect the course of the proceedings regarding compulsory liquidation or bankruptcy.
(3) In the case referred to in Paragraph (1) hereunder, the shareholders may enforce any eventual compensation claims against the supervisory authority by litigation.
(4) Notwithstanding the provision of Article 288 of this Act, an appeal against a judgement by which the court rules in the procedure of judicial protection against a decision on the winding- up of the insurance undertaking may be lodged, upon which the Supreme Court, sitting in a panel of seven judges, shall rule.
16.6. Procedures of supervision