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Slovakia

Until 2023 (implementation of Directive 2020/1828), there was no classic class action procedure in Slovakia. However, the regulations provided, among other things, for a legal remedy in the form of a “collective” action brought in the public interest, allowing an action to be brought on behalf of a group of persons. This procedure was limited to specific types of cases (cases involving unfair terms in consumer contracts and unfair market practices, cases against discrimination, cases of unfair competition) and had to be undertaken in the public interest. Furthermore, only certain entities (depending on the subject matter of the case) were entitled to bring such an action.

With the implementation of Directive 2020/1828, class action regulations were introduced into the Slovak legal system.
Implementation of Directive 2020/1828
Implementing act Act of 21st June 2023 on measures to protect the collective interests of consumers and amending certain acts (Zákon č. 261/2023 Z. z. o žalobách na ochranu kolektívnych záujmov spotrebiteľov a o zmene a doplnení niektorých zákonov); the act came into force on 25th July 2023.
Type of procedure and model Class action; opt-in model
Qualified entity to bring an action Consumer organizations registered by the Minister of Economy
Third-party funding Third-party funding is permitted, subject to certain restrictions regarding influence on proceedings or funding proceedings against a competitor or subsidiary. If the funding does not comply with the provisions, the court shall order to refuse or modify the funding. If the order is not followed, the court shall reject the action.
Facilities for consumers Consumers wishing to participate in the proceedings must submit an application to join the group to any notary, who then forwards the application to the designated notary via the Central IT System.

As a rule, the consumer does not bear the costs of court proceedings (except for costs incurred as a result of their negligence or culpable action). The qualified entity may not require the consumer to pay any fees other than those provided for submitting the application to join the proceedings, fees specified in the Act, the notary’s remuneration, and reimbursement of costs incurred.
Other comments When joining the group, the consumer must pay a one-time fee of EUR 20.

The Act specifies three courts that have jurisdiction over consumer disputes heard under the Act: the Municipal Court Bratislava IV, the Regional Court in Banská Bystrica, and the Municipal Court in Košice.

The regulations stipulate that the group must consist of at least 20 people. An action may be filed only after at least 20 consumers have submitted their statements.

When intending to bring a class action, the qualified entity first publishes information about its intention in the Commercial Register (Obchodný register). The qualified entity must also enter into an agreement with a notary who will maintain and regularly update the list of consumers joining the group and keep the funds in a notarial trust account.

 

Update: February/March 2025