Višje sodišče v Mariboru; 2023-01-24; I Cp 931/2022
Decision by national courts in the field of European Union law — ECLI:SI:VSMB:2023:I.CP.931.2022
Date: 2023-01-24
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82023SI0124(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Mariboru (hereinafter ‘the Court of Appeal’), concerned the international jurisdiction of the Slovenian courts in succession proceedings.
The Okrajno sodišče v Mariboru (hereinafter ‘the Court of First Instance’) established that the deceased had his last habitual residence in Germany. Applying Article 4 in conjunction with Article 15 of the Succession Regulation (1), and taking into account that succession proceedings were already pending before the competent court in Germany, the Court of First Instance declared that it lacked jurisdiction.
The heir appealed, arguing that Slovenian courts should at least decide on the succession insofar as it concerns immovable property located in Slovenia. She further submitted that the Slovenian court should have stayed the proceedings until the German proceedings were concluded.
The Court of Appeal dismissed these arguments. It emphasised that, under Article 4 of the Succession Regulation, the sole connecting factor for determining jurisdiction is the deceased’s habitual residence at the time of death. The location of the estate, including immovable property situated in Slovenia, is irrelevant. Where the deceased had his habitual residence in another Member State, the Slovenian court must, under Article 15 of the Regulation, of its own motion declare that it has no jurisdiction.
In the present case, the deceased’s habitual residence in Germany was undisputed, and succession proceedings were already pending before the German court. There was therefore no basis for the Slovenian court to stay the proceedings. The Succession Regulation aims precisely to prevent parallel proceedings and to avoid conflicting decisions.
Accordingly, the Court of Appeal dismissed the appeal as unfounded 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.