Višje sodišče v Kopru; 2018-04-23; CDn 196/2018
Decision by national courts in the field of European Union law — ECLI:SI:VSKP:2018:CDN.196.2018
Date: 2018-04-23
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82018SI0423(51)_ENG_SUMJURE
JURE summary
JURE summary
The plaintiff submitted a European Certificate of Succession issued by the competent German court. In accordance with German law, the certificate does not expressly specify the property forming part of the estate; it only contains information on the deceased, the heir, and the share of the estate that the heir has acquired. The interpretation adopted by the Court of First Instance would mean that it would never be possible to make an entry in the land register based on European Certificates of Succession issued by German courts. This would be contrary to the purpose of the Succession Regulation (1) and be contrary to the public interest. Public interest requires that the transfer of property in the event of death is regulated (even in the absence of an express will of the heirs) and that the land register contains accurate data. This is precisely why succession proceedings are initiated ex officio under the ZD (2), and why it is the court’s responsibility to ensure that the parties’ rights are established and protected as soon as possible throughout the proceedings.
In Slovenian court practice, this means that the probate court itself obtains information on the deceased’s immovable property and orders its registration in the land register without any specific action by the parties. The European Certificate of Succession differs from this in that it is issued only upon request, and registration in the land register likewise occurs upon application. Nevertheless, it would be contrary to the principles underlying the Succession Regulation, the ZD and the ZZK-1 (3) to impose the consequences of differences between the legal systems were imposed on the plaintiff (the heir), or to prevent entry due to such differences.
(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.
(2) Zakon o dedovanju (Inheritance Act).
(3) Zakon o zemljiški knjigi (Land Register Act).