Višje sodišče v Ljubljani; 2018-11-07; II Cp 1455/2018
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2018:II.CP.1455.2018
Date: 2018-11-07
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82018SI1107(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 the Slovenian courts in succession proceedings.
The Občina A. (hereinafter ‘the plaintiff’) requested the Okrajno sodišče v Cerknici (hereinafter ‘the Court of First Instance’) to conduct succession proceedings relating to immovable property situated in Slovenia belonging to the estate of the deceased, who died in France in 2016.
The Court of First Instance relied on Articles 4 and 15 of the Succession Regulation (1) and held that it lacked jurisdiction. Under Article 4 of the Regulation, jurisdiction lies with the courts of the Member State in which the deceased had their habitual residence at the time of death; under Article 15, a court seised without jurisdiction must declare this of its own motion.
The plaintiff appealed, arguing that public-interest considerations justified Slovenian jurisdiction, since the property in Slovenia was needed for the reconstruction of a public road. It further relied on Article 177 of the ZD (2), claiming that Slovenian courts should have jurisdiction over the estate if it includes immovable property located in Slovenia.
The Court of Appeal held that, for persons who died on or after 17 August 2015, international jurisdiction in succession matters is governed exclusively by the Succession Regulation and cannot be determined based on national law. The deceased’s habitual residence in France was undisputed, and the plaintiff did not invoke any circumstances under the Regulation that could confer jurisdiction on Slovenian courts (such as a choice-of-court agreement under Article 5, a choice of law by the deceased under Article 22, or subsidiary jurisdiction under Article 10). The fact that the estate was relevant to a public infrastructure project did not affect the determination of jurisdiction.
Consequently, 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).