With respect to the success the of production of evidence, the court shall decide on whether the costs arising in pursuance of the provision of the fourth paragraph of Article 153 of the present Act be paid by one of the parties, or by both of them, or by the court from its funds.

The court competent to decide upon the petition for protection of legality shall also act pursuant to the provision of the first paragraph of Article 379 of the present Act when finding that any of the severe violations of civil procedure provisions referred to in the first paragraph of article 339 has been committed in the proceedings before the court of first instance.

The court may act pursuant to the third paragraph of the present Article also upon a partial setting aside of the decision against which a means of ordinary judicial review has been lodged.

"Notwithstanding the provisions laid down in the fourth and fifth paragraphs of this article, the Administrative Court shall adjudicate at the head office of the court in asylum matters and in tax matters, other than matters concerning income tax and matters under the Civil Taxes Act."

Procedures for issuing a building permit that commenced prior to the entry into force of this act and procedures for issuing a building permit that commenced after the entry into force of this act and are founded on location permits issued pursuant to the ZUN shall be completed pursuant to the provisions of the Construction Act (Ur. l. SRS, Nos. 34/84 and 29/86; Ur. l. RS, Nos. 71/93 [ZUN], 40/94 [constitutional court ruling], 69/94 [constitutional court ruling], 59/96, 45/99, 42/2000 [constitutional court ruling], 52/2000 [ZGPro] and 52/2000; hereinafter: the ZGO).

In the proceedings conducted by circuit and high courts and by the Supreme Court only a practicing lawyer or other person who has passed the state judicial examination may act as an attorney.

The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

if an arbitrator has participated in the rendition of arbitration award, who should have been disqualified pursuant to provisions the present Act or who has been excluded by a decree of the court;

(1) Decisions on appeals issued by the higher court shall be subject, mutatis mutandis, to the application of the provisions of Articles 135, 136 and 138 and paragraph 2 of Article 140 of this Act.

Under conditions provided by law, the Constitutional Court may, up until a final decision, suspend in whole or in part the implementation of an act whose constitutionality or legality is being reviewed.

Upon a motion by party, the court specified in the third paragraph of Article 466 of the present Act shall put an imprint on a copy of the arbitration award certifying the same to final and enforceable.

Persons that successfully completed the university study programme after the entry into force of the Higher Education Act (Ur. l. RS, Nos. 67/93, 39/95 [constitutional court ruling], 18/98 [constitutional court ruling], 35/98 [constitutional court ruling], 99/99 and 64/2001) or that successfully completed an appropriate four- year tertiary programme prior to the entry into force of the aforementioned act shall also be deemed to have gained the university qualification that is a condition for conducting inspection supervision and a condition for participants in the construction of works pursuant to this act.

The Council shall adopt a European decision establishing the panel's operating rules and a European decision appointing its members. It shall act on the initiative of the President of the Court of Justice.

on the ground of severe violation of civil procedure provisions referred to in the second paragraph of article 339 of the present Act, except if violation relates to the territorial jurisdiction (clause 4 of the second paragraph of article 339 of the present Act) or to arbitration agreement (clause 5 of the second paragraph of article 339 of the present Act), or if the judge of the court of first instance has rendered a judgment without a prior hearing of the case (clause 10 of the second paragraph of article 339 of the present Act), if the court has decided upon a claim pending some other action (clause 12 of the second paragraph of article 339 of the present Act), or if the public has been wrongfully excluded from the main hearing (clause 13 of the second paragraph of article 339 of the present Act);

"An essential violation of the provisions of the procedure in an administrative dispute shall exist if, during the procedure, the court failed to apply a provision of this Act or the Civil Procedure Act, or applied such provision incorrectly, and this had an effect on the legality or correctness of the ruling.

The court shall reject as inadmissible any appeal for extraordinary judicial review which is lodged by agency of an attorney who is not a person defined in the third paragraph of Article 86 of the present Act.

The procedural act the performance of which is requested by a foreign court may also be performed in the procedure thus requested, provided that such procedure is not contrary to laws of the Republic of Slovenia.

If the defendant has failed to file the defense plea within the time period provided for in Article 277 of the present Act, the court shall render a judgment satisfying the claim (default judgment), provided that:

(9) If the only reason for repealing the judgement issued by the court in the first instance is a mistake in the finding of facts, and only a different assessment of the already-established facts is required for a correct judgement, where at the same time no new evidence is required, the higher court shall not repeal the judgement issued by the court in the first instance, but shall act in accordance with paragraph 7 of this article.

The court shall act in the same manner if the violator fails to pay the fine and costs after final legality of the decision on the dismissal or refusal of the request for judicial protection against the payment order.

If annulment is sought pursuant to clause 10 of Article 477 of the present Act, this period shall start running on the day on when the party has been rendered the opportunity to use a final judgment of the competent court.

on the ground of severe violation of civil procedure provisions referred to in the first and second paragraphs of article 339 of the present Act, except if violation relates to the territorial jurisdiction (clause 4 of the second paragraph of article 339 of the present Act) or to arbitration agreement (clause 5 of the second paragraph of article 339 of the present Act), or if without having heard the parties the judge of the court of first instance has rendered a judgment which should have been rendered following the main hearing (clause 10 of the second paragraph of article 339 of the present Act), if the court has decided upon a claim pending some other action (clause 12 of the second paragraph of article 339 of the present Act), or if the public has been wrongfully excluded from the main hearing (clause 13 of the second paragraph of article 339 of the present Act);

The parties may take an appeal from judgment rendered by the court of first instance within fifteen days from the day of service of the copy of the judgment, unless other time period is provided therefor by the present Act.

If the draft European legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the opinion to the institution or body concerned.

Unless otherwise provided in Articles 392 and 393 of the present Act, the proceedings in the court settlement shall be subject, as appropriate, to the provisions of the second paragraph of Article 397 and of Articles 398 to 400.

(5) If the plaintiff has no residence or head office in the Republic of Slovenia, the Administrative Court shall adjudicate at the branch office in the area in which the administrative act being contested in the lawsuit was issued.

(2) Unless otherwise determined by this Act, the provisions of this Act governing ordinary court proceedings shall apply mutatis mutandis to personal and house search, seizure and confiscation of items, production, detention and security deposit, injured party's rights during the proceedings, joinder and exclusion of proceedings, and legal costs.

(1) If the court finds that no supplementation of the procedure for taking evidence is necessary and that the reasons referred to in Article 62 of this Act are not in place, it shall pass a judgement refusing the request as unfounded.

If in the circuit court proceedings the defendant performs procedural acts by way an attorney who is a person defined in the third paragraph of Article 87 of the present Act, the so performed acts shall deem not to have been performed.

(4) lf a request or initiative for constitutional review of an act from the second paragraph of this Article has been filed, the lawsuit shall be considered as having been filed within the prescribed period if it was lodged within 30 days of the serving of the constitutional court decision, in which the court declares that it does not have jurisdiction.

The revision shall be inadmissible if brought by a person not entitled to bring it, or by a person failing to prove standing to appeal to the Supreme Court, or against a judgment which cannot be subject to revision under the present Act.

(4) lf a request or initiative to test the constitutionality of an act from the second paragraph of this Article has been filed, the lawsuit shall be considered as having been filed within the prescribed period if it was lodged within 30 days of the serving of the constitutional court decision, in which the court declares that it does not have jurisdiction.

(b) ` Community law` means any legal act and implementing practice of the European Community applicable to a particular situation, risk or category of industrial products, as interpreted by the Court of Justice of the European Communities;

(2) If the plaintiff does not remove the deficiencies within the set period and the court is unable to deal with the case as a result, it shall reject the lawsuit with a resolution, unless it has established that the contested act is void.

If a representative ad litem is appointed to the either party for reasons referred to in clauses 4 and 5 of the second paragraph of Article 82 of the present Act, the court shall issue an announcement thereon which it shall publish in the Official Gazette of the Republic of Slovenia and on the court notice board or, when necessary, in another appropriate way.

If a revision based on any of the grounds referred to in clause 12 of Article 339 of the present Act is filed simultaneously with, or prior to, a motion to reopen the proceedings pursuant to Article 394 of the present Act, the court shall suspend the procedure in motion to reopen the proceedings until the procedure in revision have been finally concluded.

(1) If the decision in an administrative dispute depends entirely or partly on an issue related to an independent legal entity and belongs to the competence of another court or body (preliminary question), the court may, under the provisions of this Act, simply discuss it, or it may suspend the procedure until the question has been resolved by the competent body.

(2) In the grounds for the decision the higher court shall assess all indications in the appeal and the indications of violations of the substantive provisions of this Act or regulation governing the misdemeanour which it observed ex officio.

The relevant building inspector must send a ruling via which an inspection measure is introduced pursuant to the provisions of Articles 152 to 155 of this act to the competent court, which shall ex officio enter a note in the land register of the prohibitions and orders contained in the ruling and the charges determined pursuant to the provisions of this act.

At the time of the signing of the Council act drawing up the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the establishment of a European Police Office,

The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

If the any of the provisions contained in clauses 3 to 12 of the second paragraph of Article 339 of the present Act has been violated, the court of second instance shall set aside the judgment below and remand the case to the same court of first instance for reconsideration or, depending on the nature of violation, set aside the judgment below and reject the action.

If during the proceedings before a circuit court the plaintiff performs procedural acts by agency an attorney other than those referred to in the third paragraph of Article 87 of the present Act, such acts shall deem not to have been performed.

(4) If the court imposes a fine, it may, subject to the fulfilment of the conditions referred to in paragraph 1 of this article, if the accused person fails to pay the fine immediately, determine that the fine be collected immediately, and if the fine is not possible to be collected, act in accordance with the provisions of this Act applying to compliance detention.

(3) Sanctions, deprivation of a pecuniary advantage and legal costs imposed on the basis of a misdemeanour judgement or order, and compliance detention shall be executed by the court pursuant to the provisions of the act governing the execution of criminal sanctions applying to the implementation of fines or prison sentences, unless otherwise determined by this Act.

If the draft European legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the reasoned opinion or opinions to the institution or body concerned.

Notwithstanding the expiry of the period laid down in Article III-365(6), any party may, in proceedings in which an act of general application adopted by an institution, body, office or agency of the Union is at issue, plead the grounds specified in Article III-365(2) in order to invoke before the Court of Justice of the European Union the inapplicability of that act.

Procedures for issuing a location permit that commenced prior to the entry into force of this act shall be completed pursuant to the provisions of the Urban Planning and Other Forms of Land Use Act (Ur. l. SRS, Nos. 18/84, 37/85 and 29/86; Ur. l. RS, Nos. 26/90, 18/93, 47/93, 71/93, 44/97, 9/2001 [ZPPreb] and 23/2002 [constitutional court ruling]; hereinafter: the ZUN).

(3) When, in an administrative dispute, the court only rules on the legality of an administrative act and in disputes from the third paragraph of Article 2 of this Law, each of the parties shall be billed for their own costs related to the procedure.

(5) When the court adjudicates at a session, the session shall not be public and the judge rapporteur shall have the same authorisations in the procedure prior to the session as those held by the chairman of the panel under the provisions of this Act.