Višje sodišče v Ljubljani; 2022-03-01; I Cp 118/2022
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2022:I.CP.118.2022
Date: 2022-03-01
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82022SI0301(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Ljubljani (hereinafter ‘the Court of Appeal’), concerned the jurisdiction of Slovenian courts in succession proceedings relating to immovable property situated in another State.
In 2009, the Okrajno sodišče v Trbovljah (hereinafter ‘the Court of First Instance’) concluded succession proceedings concerning the deceased and declared her son the sole heir of the estate (hereinafter ‘the plaintiff’).
In 2021, the plaintiff requested that the Court of First Instance issue an additional decision on inheritance in respect of immovable property subsequently discovered in Croatia. He relied on Article 221 of the ZD (1) and Article 4 of the Succession Regulation (2), arguing that the newly discovered property should be distributed on the basis of the original inheritance decision of 2009. The Court of First Instance held that the Succession Regulation was inapplicable, since Article 83 thereof limits its application to successions of persons who died on or after 17 August 2015. As the deceased had died in 2009, the court applied the ZMZPP (3) and declared that Slovenian courts lacked jurisdiction to issue an additional inheritance decision.
The plaintiff appealed, alleging a misapplication of European Union succession law. The Court of Appeal upheld the reasoning of the lower court. It confirmed that the Succession Regulation did not apply ratione temporis. Under Article 79 of the ZMZPP, where immovable property of a Slovenian citizen is situated abroad, Slovenian courts have jurisdiction only if the authorities of the State in which the property is located are not competent. However, Croatian law provides for exclusive jurisdiction of Croatian courts over succession proceedings concerning immovable property situated in Croatia, even where the deceased was a foreign national.
Accordingly, the Court of Appeal dismissed the appeal as unfounded and confirmed that the plaintiff must initiate succession proceedings concerning the newly discovered immovable property before the competent court in Croatia.
(1) Zakon o dedovanju (Inheritance Act).
(2) 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.
(3) Zakon o mednarodnem zasebnem pravu in postopku (Private International Law and Procedure Act).