OLG München; 2024-06-12; 33 Wx 270/23 e
Decision by national courts in the field of European Union law — ECLI:DE:OLGMUEN:2024:0612.33WX270.23E.00
Date: 2024-06-12
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82024DE0612(51)_ENG_SUMJURE
JURE summary
JURE summary
This case before the Oberlandesgericht München (hereinafter ‘the Court of Appeal’) concerns the question of international jurisdiction in succession proceedings following the death of Pope Emeritus Benedict XVI (hereinafter ‘the testator’).
After the testator’s death, the plaintiff applied to the Amtsgericht München (hereinafter ‘the Court of First Instance’) for guardianship of the estate in order to identify the testator’s heir(s), arguing that civil proceedings he had initiated against the testator before the Landgericht Traunstein should be continued against the heirs.
The Court of First Instance dismissed the action on the ground that it lacked international jurisdiction under Article 4 of the Succession Regulation (1). The plaintiff’s subsequent complaint, which suggested jurisdiction under Article 10 of the Regulation, was also dismissed.
The Court of Appeal held that, at the time of his death, the testator’s habitual residence was unquestionably in the Vatican City State (hereinafter ‘the Vatican’), excluding German jurisdiction under Article 4 of the Succession Regulation.
Jurisdiction under Article 10 of the Regulation, which concerns the subsidiary jurisdiction if the deceased’s habitual residence is not located in a Member State – according to which ‘the courts of a Member State in which assets of the estate are located shall nevertheless have jurisdiction’ – cannot be applied to the present case either. The testator’s estate assets are not located in Germany, as his former residences had been transferred during his lifetime and were no longer part of his estate. Moreover, liabilities do not constitute estate assets within the meaning of Article 10(2) of the Succession Regulation.
The plaintiff further invoked Article 11 of the Succession Regulation, claiming that German courts should exercise emergency jurisdiction (forum necessitatis) because proceedings in the Vatican would be unreasonable. The Court of Appeal rejected this argument, stressing that Article 11 applies only in exceptional circumstances where proceedings in the competent third state are legally or factually impossible or unreasonable, such as in failed states, war situations, or where basic judicial guarantees are lacking. By contrast, the Vatican has a functioning judiciary with independent courts at several instances, and the plaintiff neither alleged nor demonstrated any legal impediment, unfair treatment, or personal risks. The mere fact that the Vatican is an absolute monarchy does not make succession proceedings there unreasonable.
Accordingly, the Court of Appeal held that the German courts lack international jurisdiction and dismissed the appeal.
(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.