Vrhovno sodišče Republike Slovenije; 2017-08-03; II Cp 1299/2017
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2017:II.CP.1299.2017
Date: 2017-08-03
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82017SI0803(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’), concerned an appeal lodged against the issuance of a European Certificate of Succession.
The Okrožno sodišče v Novem mestu (hereinafter ‘the Court of First Instance’) had issued the certificate pursuant to Article 67 of the Succession Regulation (1) and Article 227b of the ZD (2), confirming the deceased’s husband (hereinafter ‘the plaintiff’) and the deceased’s sister as heirs, each entitled to one half of the estate. The deceased had died in December 2016, and the estate included, among other things, immovable property situated in Croatia. The underlying succession proceedings were concluded in February 2017 with a final succession decision, in which both heirs expressly waived their right to appeal.
The plaintiff challenged the issuance of the European Certificate of Succession, arguing that he had never renounced his inheritance rights and that the estate was not being divided in accordance with the agreement. The Court of Appeal held that these objections were unfounded. It confirmed that the Succession Regulation applies to the estates of persons who died on or after 17 August 2015, and that the Court of First Instance was fully competent to issue the European Certificate of Succession on the basis of the already final succession decision.
The Court of Appeal further explained that any agreement on the division of the estate concluded between the heirs is a private contract. Such agreements are merely recorded in the succession order and do not form part of the court’s decision. Consequently, the court cannot intervene in their implementation. Any challenge to such an agreement must be brought by means of a civil action under the rules governing contractual disputes.
Accordingly, the Court of Appeal dismissed the appeal as unfounded and confirmed 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.
(2) Zakon o dedovanju (Inheritance Act).