Višje sodišče v Ljubljani; 2019-10-23; II Cp 1589/2019
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2019:II.CP.1589.2019
Date: 2019-10-23
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82019SI1023(51)_ENG_SUMJURE
JURE summary
JURE summary
The Succession Regulation (1), which is to be applied in the present case, lays down a general rule in Article 4 that ‘the courts of the Member State in which the deceased had his habitual residence at the time of death shall have jurisdiction to rule on the succession as a whole’.
Recital 24 of the preamble to the Succession Regulation further indicates that, if the deceased had connections with more than one State in terms of residence or personal interests, the deceased’s nationality or the location of his or her main assets may constitute a special factor in the overall assessment of all the factual circumstances for the purpose of determining habitual residence within the meaning of the Succession Regulation.
That recital thus clearly identifies the deceased’s nationality and the place where his or her main assets were located as relevant connecting factors to be given due weight in the assessment.
(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.