Višje sodišče v Ljubljani; 2022-09-13; II Cp 1413/2022
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2022:II.CP.1413.2022
Date: 2022-09-13
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82022SI0913(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’), concerned the effect of a foreign inheritance certificate on determining the circle of heirs in succession proceedings conducted in Slovenia.
The Okrajno sodišče na Jesenicah (hereinafter ‘the Court of First Instance’) stayed the succession proceedings and referred B. B. to civil proceedings in which he must prove his alleged status as the deceased’s non-marital partner, thereby establishing a statutory right to inherit.
The deceased’s children (hereinafter ‘the plaintiffs’) appealed. They argued that a Swiss authority (the Probate Office in Basel) had already issued an inheritance certificate declaring them the only heirs, and that the Okrožno sodišče v Kranju had recognised this foreign certificate as valid in Slovenia. In their view, this meant that the circle of heirs had already been finally determined and could not be expanded in Slovenia.
The Court of Appeal rejected that argument. It confirmed that the deceased was a Slovenian and Swiss national whose habitual residence at the time of death was in Slovenia, and that her entire estate (immovable and movable property, bank assets, unpaid pension) was located in Slovenia. Accordingly, under the ZMZPP (1) and Article 4 of the Succession Regulation (2), Slovenian courts have jurisdiction over the succession and must apply Slovenian law.
The Court of Appeal explained that the Swiss inheritance certificate is not a European Certificate of Succession within the meaning of the Succession Regulation. Its recognition in Slovenia under private international law only grants it the same evidentiary value that it enjoys in Switzerland. Under Swiss law, such a certificate is issued with an express reservation of possible actions for annulment or for a determination of the existence or non-existence of heirship. It therefore does not constitute a final and binding determination of heirs and cannot prevent Slovenian courts from establishing a broader circle of heirs.
The certificate itself expressly states that an action for a declaration of heirship may be brought. If such an action succeeds, the Swiss certificate is no longer valid. Consequently, there is no legal obstacle preventing B. B. from bringing civil proceedings in Slovenia to prove that he was the deceased’s non-marital partner and thus a statutory heir under the ZD (3).
The Court of Appeal therefore dismissed the appeal as unfounded and upheld the decision of the Court of First Instance.
(1) Zakon o mednarodnem zasebnem pravu in postopku (Private International Law and Procedure Act).
(2) Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession.
(3) Zakon o dedovanju (Inheritance Act).