Višje sodišče v Kopru; 2022-07-14; CDn 112/2022
Decision by national courts in the field of European Union law — ECLI:SI:VSKP:2022:CDN.112.2022
Date: 2022-07-14
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82022SI0714(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Kopru (hereinafter ‘the Court of Appeal’), concerned the requirements for using a foreign succession decision as the basis for land-registry entry in Slovenia.
The Okrajno sodišče v Kopru (hereinafter ‘the Court of First Instance’) dismissed the plaintiff’s objection to its earlier decision rejecting his request for registration of ownership on the basis of a succession decision issued by the court in Trieste, Italy.
The plaintiff appealed, arguing that the Italian decision contained the necessary information on the deceased’s estate and should therefore be treated as equivalent to a Slovenian succession decision.
The Court of Appeal rejected this argument. It held that although a European Certificate of Succession under the Succession Regulation (1) is not mandatory and registration may indeed be based on a succession decision issued in the Member State in which the deceased had their habitual residence, such a decision can be used in Slovenia only if it has been declared enforceable in Slovenia. Under Article 43 of the Succession Regulation, a foreign succession decision is enforceable in another Member State only after it has been declared enforceable there in accordance with Articles 45 to 58 of the Regulation. Because the Italian decision submitted by the plaintiff was not accompanied by such a Slovenian declaration of enforceability, it was not a document suitable for land-registry entry. The Court of First Instance, therefore, correctly refused the proposal.
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.