Višje sodišče v Mariboru; 2019-03-14; I Cp 83/2019
Decision by national courts in the field of European Union law — ECLI:SI:VSMB:2019:I.CP.83.2019
Date: 2019-03-14
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82019SI0314(53)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Mariboru (hereinafter ‘the Court of Appeal’), concerned the international jurisdiction of the Slovenian courts in succession proceedings.
The Court of First Instance held that it lacked jurisdiction to hear the succession proceedings concerning the estate of the deceased, who had his last habitual residence in France, relying on Article 4 of the Succession Regulation (1), which confers jurisdiction on the courts of the Member State in which the deceased had his habitual residence at the time of death.
The deceased’s nephew (hereinafter ‘the plaintiff’) appealed, alleging that the Court of First Instance had misapplied the Succession Regulation. He argued that determining habitual residence requires an individual assessment of all relevant circumstances. He relied on the deceased’s Slovenian nationality, the existence of real property in Slovenia, and ongoing civil proceedings in Slovenia concerning that property, and asserted that Slovenian jurisdiction followed from national rules, in particular the ZD (2) and the ZPP (3).
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, which is directly applicable in all European Union Member States, including Slovenia and France. National provisions on jurisdiction cannot override the Regulation.
The Court of First Instance had correctly established that the deceased had lived in France for at least thirty years, had formed his family there, had carried out his professional activity there and, after retirement, had remained integrated in that environment until his death; by contrast, his contacts with Slovenia were limited to occasional visits. Considering all the circumstances, the deceased’s habitual residence at the time of death was in France. Under Articles 4 and 15 of the Regulation, the French courts therefore have jurisdiction to rule on the succession as a whole, including immovable property situated in Slovenia, and the Slovenian courts must, of their own motion, rule that they lack jurisdiction.
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).
(3) Zakon o pravdnem postopku (Civil Procedure Act).