Višje sodišče v Celju; 2020-04-21; I Cp 94/2020
Decision by national courts in the field of European Union law — ECLI:SI:VSCE:2020:I.CP.94.2020
Date: 2020-04-21
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82020SI0421(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Celju (hereinafter ‘the Court of Appeal’), concerned the international jurisdiction of Slovenian courts in succession proceedings.
The Okrajno sodišče v Šmarju pri Jelšah (hereinafter ‘the Court of First Instance’) established that the deceased had her last habitual residence in Croatia. The Croatian court had already conducted succession proceedings and issued a final inheritance decision, although it did not fully determine the estate’s composition. Relying on Article 4 of the Succession Regulation (1), the Court of First Instance declared, under Article 15 of the Regulation, that it lacked jurisdiction to conduct succession proceedings in Slovenia.
The heir appealed, arguing that Slovenian courts should have jurisdiction.
The Court of Appeal emphasised that both Slovenia and Croatia are Member States of the European Union, and that the Succession Regulation applies directly in both legal orders. One of the aims of the Regulation is to ensure that succession is handled in a single set of proceedings. Under Articles 4 and 23 of the Regulation, the decisive factor for establishing jurisdiction is the deceased’s habitual residence at the time of death, not the location of the estate. In the present case, it was undisputed that the deceased habitually resided in Croatia at the time of her death. Accordingly, the Croatian courts had jurisdiction over the entire estate, including immovable property located in Slovenia.
The Court of Appeal therefore 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.