Vrhovno sodišče Republike Slovenije; 2023-08-21; II Ips 28/2024
Decision by national courts in the field of European Union law — ECLI:SI:VSRS:2024:II.IPS.28.2024
Date: 2024-08-21
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82024SI0821(51)_ENG_SUMJURE
JURE summary
JURE summary
The appeal on a point of law was allowed on the question whether the determination of jurisdiction to rule on property relations in an unregistered non-marital partnership with an international element is governed by the Regulation concerning matrimonial property regimes (1) or by national private international law. Since both the application of the provisions of the Regulation concerning matrimonial property regimes and the correct application of the provisions of the ZMZPP (2) lead to the conclusion that the Slovenian courts have jurisdiction to rule on the matter, that question does not arise for determination in the present case. This also means that the Vrhovno sodišče (Supreme Court) has no obligation to make a preliminary reference under Article 267(3) of the Treaty on the Functioning of the European Union (3).
The Court of First Instance should not have relied on Article 67 of the ZMZPP in assessing whether the Slovenian courts had jurisdiction, but instead on Article 48 of the ZMZPP, which lays down the general rule on jurisdiction in all matters with an international element. Under Article 48 of the ZMZPP, a court within the territory of the Republic of Slovenia has jurisdiction where the defendant has his or her habitual residence in the Republic of Slovenia at the time when the proceedings are instituted (forum domicilii). In the present case, the defendant has habitual residence in Slovenia, which means that, under Article 48 of the ZMZPP, the Slovenian court has jurisdiction to rule on all joint property, including immovable property located abroad.
(1) Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.
(2) Zakon o mednarodnem zasebnem pravu in postopku (Private International Law and Procedure Act).
(3) Treaty on the Functioning of the European Union.