Višje sodišče v Ljubljani; 2008-12-06; I Cp 1967/2018
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2018:I.CP.1967.2018
Date: 2018-12-06
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82018SI1206(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’), concerned the international jurisdiction of the Slovenian courts in the succession proceedings.
The Court of First Instance held that it lacked jurisdiction to rule on the estate of the deceased, who had died in Germany in 2017 and whose last habitual residence was found to have been in Germany. Applying Article 4 of the Succession Regulation (1), it concluded that the German courts had jurisdiction to decide on the succession as a whole.
The Court of Appeal upheld the finding that the deceased had lived in Germany for the last 48 years and that his habitual residence at the time of death was unquestionably in Germany. The Court of Appeal confirmed that, under Article 4 of the Succession Regulation, the courts of the State of habitual residence have jurisdiction over the entire succession, including immovable property located in another Member State. Recital 24 did not apply, as the deceased had not merely worked abroad temporarily nor lived alternately in different States.
The Court of Appeal further found that the deceased had not chosen Slovenian law within the meaning of Article 22 of the Regulation. His will contained no express choice, nor did its content allow any implied choice to be inferred. Consequently, German courts will conduct the succession proceedings, and any transfer of immovable property in Slovenia may subsequently be entered in the land register on the basis of the European Certificate of Succession issued by the competent German authority.
As no grounds for appeal were established, the Court of Appeal dismissed the appeal and upheld the decision of the Court of First Instance.
(1) 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.