Višje sodišče v Ljubljani; 2022-11-23; I Cp 1862/2022
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2022:I.CP.1862.2022
Date: 2022-11-23
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82022SI1123(51)_ENG_SUMJURE
JURE summary
JURE summary
The Court of First Instance acted prematurely in finding that it had jurisdiction to rule on the succession to the deceased’s estate. For the purposes of applying Article 4 of the Succession Regulation (1), it is necessary to determine the deceased’s habitual residence, taking into account all the circumstances of the case. In doing so, the court must also consider the submissions of the heirs residing in the Federal Republic of Germany.
According to recital 23 of the preamble to the Succession Regulation, the authority [dealing with the succession] must take into account ‘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’. In determining habitual residence, the following factors must be considered: the family situation and family ties, the duration and continuity of presence in the Member State concerned, employment situation, stability of housing, the State in which the person pays taxes, reasons for relocation, and other factors indicating connections with residence in a particular Member State.
For determining jurisdiction, it is not necessary to resolve, as a preliminary issue, the question of the spouses’ joint property.
(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.