Višje sodišče v Kopru; 2023-10-03; CDn 148/2023
Decision by national courts in the field of European Union law — ECLI:SI:VSKP:2023:CDN.148.2023
Date: 2023-10-03
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82023SI1003(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Kopru (hereinafter ‘Court of Appeal’), concerned the question whether a European Certificate of Succession submitted in a foreign language may serve as a valid basis for a land-registry entry in Slovenia.
The plaintiff sought registration of ownership of real property on the basis of a European Certificate of Succession issued in Croatia under Article 62 of the Succession Regulation (1). The Court of First Instance refused the registration request, holding that the certificate had been submitted in Croatian, which is not an official language of judicial proceedings in Slovenia, and that a translation was therefore required.
The plaintiff objected to this decision, but the Court of First Instance dismissed the objection and confirmed its initial refusal. The plaintiff then appealed, arguing that, under the Succession Regulation, a European Certificate of Succession must be recognised in all Member States without any special procedure and should therefore be accepted in Slovenia without a translation. The plaintiff further submitted that the certificate consisted solely of standardised tick-box entries, which were understandable without translation.
The Court of Appeal upheld the reasoning of the Court of First Instance. It confirmed that although Article 69(1) of the Succession Regulation provides that the certificate produces its effects in all Member States without any special procedure, the requirement to provide a translation into Slovene for domestic land-registry purposes does not constitute such a procedure. Moreover, the certificate in this case contained additional written text in Sections 4.2 and 8.2.3, which therefore required translation.
Accordingly, the Court of Appeal 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.