Vrhovno sodišče Republike Slovenije; 2017-08-05; I Cp 653/2017
Decision by national courts in the field of European Union law — ECLI:SI:VSMB:2017:I.CP.653.2017
Date: 2017-09-05
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82017SI0905(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Mariboru (hereinafter ‘the Court of Appeal’), concerned the international jurisdiction of Slovenian courts in proceedings determining the scope of the joint property of non-marital partners.
The plaintiff, a Slovenian citizen with permanent residence in Slovenia, sought a declaration that she had lived in a long-term non-marital partnership with the deceased until his death in 2016 and that they had acquired joint property during their partnership. The property in question consisted mainly of immovable and movable property in Slovenia, as well as a co-ownership share of a house located in Croatia. The plaintiff claimed that half of this property belonged to her and therefore did not form part of the deceased’s estate administered in succession proceedings pending before the Okrajno sodišče v Slovenj Gradcu (hereinafter ‘the Court of First Instance’).
The Court of First Instance declared itself lacking jurisdiction in respect of the part of the claim relating to the Croatian immovable property. It relied on Article 24(1) of the Brussels I Regulation (recast) (1), holding that the proceedings concerned rights in rem in immovable property, thereby conferring exclusive jurisdiction on the Croatian courts.
The plaintiff appealed, arguing that Article 1(2)(a) of the Brussels I Regulation (recast) expressly excludes from its scope ‘rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage’. Under the ZZZDR (2), a non-marital partnership produces the same proprietary consequences as marriage, and disputes regarding such relationships fall outside the Regulation’s scope.
The Court of Appeal emphasised that the joint property of spouses or non-marital partners is a single, indivisible category and must be assessed comprehensively. It cannot be split according to the nature or location of assets, nor by separating property situated in Slovenia from that situated in Croatia. The dispute did not concern the creation or protection of rights in rem but rather whether a particular asset forms part of the couple’s joint property. This question is governed by the ZZZDR and falls within the jurisdiction of Slovenian courts, given that all connecting factors — the partners’ Slovenian nationality, their common residence and life in Slovenia, and the location of the majority of their property — point to Slovenia. Only the location of one property pointed abroad, which was insufficient to displace Slovenian jurisdiction.
The Court of Appeal further noted that the Succession Regulation (3) may later govern the succession proceedings themselves and that Slovenian jurisdiction was also supported by the ZD (4), the ZPP (5) and the ZMZPP (6), all of which allow Slovenian courts to decide on foreign-located property if the dispute concerns joint marital or partnership property or if the majority of the property is located in Slovenia.
Accordingly, the Court of Appeal allowed the appeal, annulled the contested decision and remitted the case to the Court of First Instance for a full examination of the claim.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).
(2) Zakon o zakonski zvezi in družinskih razmerjih (Marriage and Family Relations Act).
(3) 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.
(4) Zakon o dedovanju (Inheritance Act).
(5) Zakon o pravdnem postopku (Civil Procedure Act).
(6) Zakon o mednarodnem zasebnem pravu in postopku (Private International Law and Procedure Act).