Višje sodišče v Ljubljani; 2021-12-10; I Cp 1874/2021
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2021:I.CP.1874.2021
Date: 2021-12-10
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82021SI1210(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’), concerned the application of the rules on lis pendens in cross-border succession proceedings under the Succession Regulation (1).
Following the death of A. A., a Slovenian national who had been habitually resident in Austria and died there in February 2020, succession proceedings were commenced before the Bezirksgericht Eisenkappel (Austria) on 28 February 2020. In June 2020, after receiving the death certificate, the Okrajno sodišče v Ljubljani (hereinafter ‘the Court of First Instance’) also commenced succession proceedings concerning the estate of A. A., whose assets were located in both Austria and Slovenia.
Since succession proceedings concerning the same deceased person had already been initiated in Austria, the Court of First Instance stayed the Slovenian proceedings of its own motion pursuant to Article 17 of the Succession Regulation, pending a decision by the Austrian court on its jurisdiction.
One of the heirs, C. B., appealed, arguing that Article 18 of the Succession Regulation (related actions) should have been applied instead. He relied on the existence of pending civil litigation before the Slovenian courts concerning the estate of B. B., the deceased former non-marital partner of A. A., claiming that the two proceedings were so closely connected that the Austrian court should decline jurisdiction.
The Court of Appeal dismissed the appeal. It held that Article 17 of the Succession Regulation applied, as the proceedings in Slovenia and Austria concerned the same succession (the estate of A. A.), and that the Austrian court had been seised first. Article 18 was inapplicable, since the Slovenian civil proceedings relating to the estate of B. B. did not constitute succession proceedings concerning the same deceased person. If C. B. considered those proceedings to be sufficiently related, this argument had to be raised before the Austrian court.
Accordingly, the Court of Appeal dismissed the appeal as unfounded and upheld the decision to stay the Slovenian succession proceedings.
(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.