Višje sodišče v Ljubljani; 2021-08-18; II Cp 1174/2021
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2021:II.CP.1174.2021
Date: 2021-08-18
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82021SI0818(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’), concerned the international jurisdiction of the Slovenian courts in succession proceedings.
The Court of First Instance found that the deceased had his last habitual residence in Sweden. Pursuant to Article 4 of the Succession Regulation (1), jurisdiction to rule on the entire succession lies with the courts of the Member State in which the deceased had his habitual residence at the time of death. Accordingly, the Court of First Instance declared, under Article 15 of the Regulation, that it lacked jurisdiction.
The heir appealed, asserting that Slovenian jurisdiction should nevertheless apply because the deceased was a Slovenian national and because part of the estate—immovable property in Slovenia—was the subject of a gift agreement allegedly null and void. He argued that the Court of First Instance should have referred him to civil proceedings to challenge the validity of the gift agreement and secure the return of the immovable property to the estate.
The Court of Appeal confirmed that the deceased's habitual residence was in Sweden and that no circumstances existed that would justify applying the subsidiary criteria set out in Recital 24. The location of the succession property and the deceased’s Slovenian nationality are not relevant connecting factors for jurisdiction under the Regulation. Whether the gift agreement is valid is likewise irrelevant to jurisdiction, and any such dispute must be resolved before the competent Swedish court. The Court of Appeal also noted that succession proceedings were already pending in Sweden, consistent with the Regulation’s aim of avoiding parallel proceedings and conflicting decisions.
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.