Up-1722/06

The right to equal protection of rights which is in court proceedings a special manifestation of the principle of the equality before the law binds courts to treat essentially similar situations similarly from the viewpoint of the interpretation of legal norms. A different treatment of essentially similar situations is constitutionally admissible only in cases in which there exists a sound reason arising from the nature of the matter. Citizenship is not a sound reason for a differentiation between injured persons when deciding on the liability of the Republic of Slovenia for damage which occurred to conscripts of the former common federal armed forces in its territory before its independence and for which its legal predecessor was liable until independence was declared and an action for damages was correctly filed before the Slovene court before independence. A court decision which is based on such differentiation thus violates Article 22 of the Constitution.