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Kinstellar Bratislava secures win for Magna Slovteca
Kinstellar’s dispute resolution team in Bratislava successfully represented Magna Slovteca in two separate legal disputes brought by suppliers seeking additional compensation based on unsubstantiated invoices. In both cases, the suppliers claimed alleged entitlement to supplementary compensation arising from their business relationship with Magna Slovteca. However, the claims lacked both legal merit and factual basis. Kinstellar convincingly demonstrated to the Slovak courts in both instances that the disputed invoices were unfounded and did not reflect any legitimate contractual entitlement.The courts fully dismissed both claims, and the rulings are now final and binding. Additionally, the claimants were ordered to reimburse
CJEU confirms validity of asymmetric jurisdiction clauses in contracts
On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a key ruling in the Lastre case (C-537/23) (the Judgment), confirming that asymmetric jurisdiction clauses in contracts are valid and in compliance with the Brussels I recast regulation and the Lugano II Convention. The Judgment provides greater legal certainty for parties, especially in cross-border contracts, as the validity and enforceability of such clauses had been previously questioned by some national courts. Asymmetric jurisdiction clauses allow one party of a contract to choose a competent court from jurisdiction of its choice in the event of a dispute, while restricting the other party to courts of only a specified jurisdiction. These
How Slovak courts operated in 2023 – Statistics don’t lie
At the beginning of August 2024, the Ministry of Justice of the Slovak Republic released its annual statistical yearbook for 2023 (please see here: Statistical Yearbook 2023). At the time of publication, the effects of the so-called judicial map reforms that were initiated in 2023 had not yet manifested themselves in any significant way. However, we have identified several intriguing trends and other data that we would like to bring to your attention. Civil and commercial litigation In 2023, courts in the Slovak Republic handled 39,920 civil cases, with 110,392 disputes (including commercial cases), which is 7,742 fewer cases than in 2022. Based on an overview of the duration of proceedings in
Do you want to litigate in Slovakia? From 1 April 2024 you will pay more
At the end of last year, the National Council of the Slovak Republic adopted changes to administrative fees, court fees and fees in other areas of public administration. From 1 April 2024—just a few days from now—not only will it be necessary to pay more for various administrative matters, but court fees will also increase. Click on one of the images below or click on the following links to read the overview covering the respective changes in English or in Slovak. Downloa d in English: Download in Slovak:
Class actions to protect collective interests of consumers in Slovakia
The new Act on Actions for the Protection of the Collective Interests of Consumers and on Amendments and Additions to Certain Acts (the "Act") was adopted by the Slovak Parliament on 21 June 2023 and will enter into force on 25 July 2023, with the exception of some special and temporary provisions, which enter into force on the date of the Act’s publication in the Collection of Legislative Acts. The Act, which transposes the Representative Actions Directive (EU) 2020/1828, introduces a new legal proceeding—class actions—into Slovak legislation. The most significant elements of the new Act include: The introduction of two types of actions / proceedings available under the Act: a proceeding
Kinstellar dispute resolution team in Bratislava successfully defends its client in commercial litigation
Kinstellar’s dispute resolution team in Bratislava, led by Michal Hrušovský, has successfully defended its client in commercial litigation before Slovak courts against the “alleged” owner of a receivable. The dispute contained various foreign elements. The claimant asserted that a receivable of the original owner (the client’s former supplier of automotive components) was assigned to it based on an assignment agreement governed by foreign law. Despite the fact that the District Court in Banská Bystrica had issued a payment order, on behalf of the respondent we appealed and sufficiently evidenced to the competent court in subsequent proceedings that the “alleged” assignment was not valid and that the receivable
Reform of the “judicial map” of the Slovak Republic
From 1 June 2023, the so-called reform of the “judicial map” of Slovakia enters into force, which according to its proponents should bring faster and better decision-making by the courts and ensure better working conditions for judges. The basic premise of the reform is the specialisation of judges and courts under five main agendas—family, civil, criminal, commercial, and administrative justice. The reform is intended to increase the efficiency of the administration of justice and will lead to several changes: the dissolution of several existing courts, the creation of new courts, and the transfer of agendas between individual courts. The reform of the “judicial map” consists of two laws: (i) Act no. 150/2022 Coll.
Preliminary injunctions in Slovak civil and commercial disputes
Slovak courts are often requested to issue preliminary injunctions in civil or commercial disputes. A preliminary injunction serves primarily as a tool to prevent certain actions or harmful effects, e.g., not to dispose of real estate property in order to prevent undesired disposal, or not to terminate a certain contract. A Slovak court may order a preliminary injunction either (i) if it is necessary, without delay, to determine (legal) relations, or (ii) if there is a threat that the potential enforcement may be endangered. It is also possible to ask a Slovak court to issue a preliminary injunction prior to the initiation of arbitration proceedings, or following the initiation of the arbitration proceedings but prior