Višje sodišče v Ljubljani; 2019-05-22; I Cp 511/2019
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2019:I.CP.511.2019
Date: 2019-05-22
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82019SI0522(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 Slovenian courts in succession proceedings.
The Okrajno sodišče v Kočevju (hereinafter ‘the Court of First Instance’) established that the deceased had his last habitual residence in Germany. Under Article 4 of the Succession Regulation (1), jurisdiction lies with the courts of the Member State in which the deceased had his habitual residence at the time of death. Relying on Article 15, the Court of First Instance therefore declared, of its own motion, that it lacked jurisdiction.
The heir, B.B. (hereinafter ‘the plaintiff’), appealed, submitting that the deceased was a Slovenian national and owned immovable property in Slovenia, and that Slovenian courts should therefore have jurisdiction pursuant to Article 177 of the ZD (2).
The Court of Appeal held that, for persons who died on or after 17 August 2015, jurisdiction is governed exclusively by the Succession Regulation, which takes precedence over national law. Habitual residence is the decisive connecting factor. The Court of First Instance had correctly determined that the deceased had moved to Germany in 1992, had not lived in Slovenia for sixteen years before his death, and had been removed from the register of permanent residents in 2013, five years before his death. The mere location of the estate in Slovenia cannot confer jurisdiction on Slovenian courts.
The Court of Appeal also clarified that, under Articles 13 and 19 of the Succession Regulation, Slovenian courts may still receive declarations relating to the acceptance or waiver of the succession, of a legacy or of a reserved share, and may issue provisional or protective measures. Moreover, the Regulation — notably through the European Certificate of Succession — is designed to simplify cross-border succession and facilitate recognition of decisions within the European Union. The plaintiff’s concern that the German authorities would not deal with the estate was therefore unfounded.
Accordingly, 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.
(2) Zakon o dedovanju (Inheritance Act).