Višje sodišče v Ljubljani; 2022-05-10; I Cp 604/2022
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2022:I.CP.604.2022
Date: 2022-05-10
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82022SI0510(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 succession proceedings.
Relying on Articles 4 and 15 of the Succession Regulation (1), the Okrajno sodišče v Ljubljani (hereinafter ‘the Court of First Instance’) declared that it lacked jurisdiction to conduct the succession proceedings, as it was established that the deceased’s habitual residence at the time of death was in Sweden. Furthermore, succession proceedings had already been conducted by the competent Swedish authority there.
The heir appealed, arguing that the Swedish proceedings had concluded with a finding that the deceased had no property, that the deceased maintained residences in both Sweden and Slovenia, and that the deceased wrote his will in Kranj, which, in the heir’s view, indicated his intention for the succession to be resolved in Slovenia.
The Court of Appeal held that, despite the deceased having a registered residence in Slovenia, it was undisputed that his last habitual residence was in Sweden. The Court of First Instance had therefore correctly applied the Succession Regulation in declaring that it lacked jurisdiction. The heir’s arguments were irrelevant: the fact that the Swedish proceedings recorded no estate, or that the will was drawn up in Slovenia, does not affect jurisdiction. Article 22 of the Succession Regulation, relied on by the heir, concerns only the choice of applicable law, not the choice of forum, so the deceased could not have chosen Slovenian jurisdiction by the mere act of writing a will in Slovenia.
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.