OGH: Ruling Request on EU Succession Regulation

Oct 25, 2024 Benn-Ibler Rechtsanwälte

The legal dispute about a claim to a care legacy is now before the European Court of Justice (ECJ).

In the case at hand, the plaintiff is the former partner of the testator, who died in 2021 and had her habitual residence Austria until she passed away. The plaintiff had provided care services to the testator in the last three years leading up to her death. The estate of the deceased was legally transferred to the defendants by order of the local court in Zell am See, Austria.

The plaintiff claimed payment of EUR 57,200 from the defendants on the basis of a maintenance legacy pursuant to Section 677 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB) and on Article 4 of Regulation No 650/2012 (EU Succession Regulation), arguing that a claim to a maintenance legacy is similar to a claim to a compulsory portion and should therefore be qualified as a succession claim within the meaning of the Regulation.

The defendants sought dismissal of the action on the ground that the court lacks international jurisdiction because the claim asserted is not a claim arising out of an inheritance. The claim seeks compensation for care services provided by the plaintiff to the decedent during his lifetime and must therefore be regarded as a claim under the law of obligations.

The court of first instance dismissed the action for lack of international jurisdiction, holding that the action did not fall within the scope of the EU Succession Regulation. The court of appeal countered this, stating that the action does indeed fall within the scope of the EU Succession Regulation.

The OGH has recently referred the question to the ECJ as to whether in cases such as the one at hand there is ‘succession’ within the meaning of Article 4 of the EU Succession Regulation when a claim for legacy of care under Section 677 of the ABGB is asserted.

OGH 2 Ob 132/24m (10 September 2024)