Višje sodišče v Ljubljani; 2023-02-28; II Cp 132/2023
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2023:II.CP.132.2023
Date: 2023-02-28
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82023SI0228(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 Article 15 of the Succession Regulation (1), the Court of First Instance declared that it lacked jurisdiction to conduct the succession proceedings, having found that the deceased’s habitual residence at the time of his death was in a foreign country. In reaching that conclusion, it relied solely on official records showing that the deceased had his permanent residence and address for service registered in Vienna, Austria, and that he had no registered residence in Slovenia.
The heir appealed, arguing that the determination of habitual residence requires an assessment of all the circumstances of the deceased’s life in the years preceding his death. He claimed that the deceased had, in fact, regularly and ordinarily lived in Ljubljana; that his Austrian registration was merely a formality and did not reflect actual residence; and that, particularly following the diagnosis of his illness, the deceased lived in Slovenia, where he also received medical treatment and spent the last months of his life in a Ljubljana hospital.
The Court of Appeal recalled that the concept of habitual residence under the Succession Regulation goes beyond the place of registered residence. Recitals 23 and 24 require the court to assess all relevant circumstances of the deceased’s life — including the duration, conditions and reasons for staying in a particular state, and the strength of his social and family links — in order to determine the true centre of interests.
Consequently, the Court of Appeal upheld the appeal, annulled the decision of the Court of First Instance, and remitted the case for a full investigation of all relevant circumstances, in line with Recitals 23 and 24 of the Succession Regulation.
(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.