Slovenia’s implementing ‘Act Amending the Collective Actions Act’ (ZKolT-A) was adopted last month and is due to enter into force shortly, on 26/01/2024.
The Act includes a definition of third-party funding and requires that the funder does not have decisive influence on procedural decisions. Under national law, whether ‘opt-in’ or ‘opt-out’ is used depends on the circumstances of the class action and the court’s discretion, although opt-in is mandatory in some cases (e.g., if non-pecuniary damage is sought). The claimant must show that the claims concern the same or similar legal and factual issues, and ‘representativeness’ must be determined by the court.