Slovenian RAD developments: Constitutional Review of Qualified Entity Standing and New Collective Redress Action

I. Constitutional Court Reference – Standing and Representativity Criteria (Case No. U-I-117/25)

The Slovenian Constitutional Court is currently seised of a constitutional question concerning the standing and representativity requirements for qualified entities in collective redress proceedings. The reference was made by a first instance court in Ljubljana adjudicating a concrete collective lawsuit, requesting constitutional review of the criteria governing both standing and representativity assessment.

The matter is under consideration, although the specific referring case has not been disclosed and the final decision has not yet been delivered.

This reference is significant in raising crucial questions about the constitutional compatibility of national rules implementing the Representative Actions Directive (EU) 2020/1828 (RAD), particularly concerning which entities may initiate proceedings and under what conditions. The decision may have significant implications for Slovenia’s collective redress regime and could provide important guidance on interpreting admissibility criteria across Member States.

II. New Collective Action – Zveza potrošnikov Slovenije (Slovene Consumers’ Association) v GEN-I (I Pk 2/2025)

On 16 October 2025, Zveza potrošnikov Slovenije (ZPS), the Consumer Association of Slovenia, filed a collective damages lawsuit before the Ljubljana District Court against GEN-I, d.o.o., an electricity trading and supply company.

The claim concerns unlawful unilateral price increases imposed on household electricity customers from 1 August 2022 onwards. ZPS alleges that GEN-I systematically increased contractually agreed prices without legal basis, and that the contractual terms permitting such modifications are unfair under Directive 93/13/EEC, the Slovenian Consumer Protection Act, the Obligations Code, and CJEU case law. ZPS contends these terms are void and that affected consumers are entitled to reimbursement of overpayments.

The collective action encompasses all household customers who received at least one unilateral price increase between 1 August 2022 and 31 August 2025 and paid at least one invoice at the increased rate. The total estimated damages amount to €36,684,951.80.

Prior to filing, ZPS attempted to reach out-of-court resolution through a formal notice of 6 March 2025, which was rejected, and subsequent negotiations were unsuccessful in reaching settlement.

The case information and court filings are available on the Ljubljana District Court’s collective actions register here