Višje sodišče v Ljubljani; 2019-06-05; I Cp 404/2019
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2019:I.CP.404.2019
Date: 2019-06-05
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82019SI0605(51)_ENG_SUMJURE
JURE summary
JURE summary
When interpreting the concept of the deceased’s habitual residence at the time of death, it is necessary to proceed from the autonomous definition given to that concept under European Union law. Under the Succession Regulation (1), the connecting factor of habitual residence applies to the estate as a whole. This means that the determination of habitual residence is a factual question to be resolved by the court, taking into account several criteria set out illustratively in recitals 23 and 24 of the preamble to the Succession Regulation.
According to recital 23 of the Succession Regulation, ‘in order to determine the habitual residence, the authority dealing with the succession should make an overall assessment of the circumstances of the life of the deceased during the years preceding his death and at the time of his death, taking account of all relevant factual elements, in particular the duration and regularity of the deceased’s presence in the State concerned and the conditions and reasons for that presence. The habitual residence thus determined should reveal a close and stable connection with the State concerned.’
The essential question is to establish in which State the deceased had the actual centre of his or her life interests, in terms of family and social ties.
(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.