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Succession Regulation 650/2012 20 ELRA Newsletter / 2019 ELRA Newsletter / 2020 21 Succession Regulation by Paula Pott Regulation Nº 650/2012 her will designating her child as Regulation notaries and of Regulation Nº 650/2012, Judgement of the Court of Justice of the European universal heir, such a succession other non-judicial authorities it constitutes an authentic Union (CJEU) in case C-80/19 has a cross border impact. shall rule on disputed facts, instrument which has in Key words: cross border succession; last habitual resi- Therefore, it is a cross border in addition to meeting the another Member State the dence; court; rules of jurisdiction; decision. succession for the purposes of requirements provided for by same evidential value as in Regulation Nº 650/2012. Article 3(2) of the regulation. the Member State of origin or In this judgment, the CJEU By issuing a national certificate the most comparable possible interprets Articles 3(2), 3(1)(g) THE LAST HABITUAL of inheritance, a Lithuanian effects. and (i), 4, 5, 7, 22 and 83(2) and RESIDENCE OF THE notary is not equated to a court In such case, in the light of Paula Pott (4) of Regulation Nº 650/2012. DECEASED MUST BE for the purposes of Article 3(2) Article 59 (1), second paragraph, The following conclusions, in FIXED IN A SINGLE of Regulation Nº 650/2012 of Regulation Nº 650/2012, to addition to the previous case- STATE where, under national law, he use an authentic instrument the forum of Lithuania as the law, can be drawn from this The deceased’s last habitual does not have jurisdiction to in another Member State, it is one competent to decide the decision, clarifying namely, residence within the meaning of rule on disputed facts in matters possible to ask the authority succession, according to Article the notions of cross border Regulation Nº 650/2012 must be of succession but is limited to which issued the document 5 of Regulation Nº 650/2012. succession, last habitual fixed in a single Member State (or certifying legally uncontested in the Member State of origin, residence, court, decision, and in a single State as the case may subjective rights. to fill in the form in Annex 2 TO CONCLUDE the operation of the transitional be) by the authority to which Thus, for the purposes of Article to Regulation Nº 1329/2014 It seems that the newness of provisions regarding the the succession is subject, since 4 of Regulation Nº 650/2012, establishing the forms referred this judgement consists of two choice of law by the author fixing it in more than one country notaries or other non-judicial to in Regulation Nº 650/2014. additional interpretation factors: of the succession, and the would result in a dépeçage of authorities, when issuing firstly, the connecting factor subsequent choice of court by the succession contrary to the certificates of inheritance CHOICE OF LAW “last habitual residence of the the successors. objectives of the regulation, provided for in national AND CHOICE OF deceased” shall be fixed in a namely the unity of the legislation, are not bound by the COURT single country; secondly, to be THE NOTION OF succession provided for in Articles rules of jurisdiction laid down As in the case pending before equated to courts, notaries and CROSS BORDER 4 and 21 of the regulation. in Chapter II of Regulation Nº the referring court, the author other non-judicial authorities SUCCESSION According to these two legal 650/2012 if they do not act in a of the succession made a will have to rule on disputed facts When the author of a provisions, the last habitual similar manner to courts. according to the Lithuanian in addition to meeting the succession, of Lithuanian residence of the deceased is law, which was the law of her requirements provided for by nationality, dies with her the main connecting factor to THE NOTION OF nationality at the time, before Article 3(2) of the Succession last habitual residence in determine both jurisdiction and DECISION Regulation Nº 650/2012 started Regulation. Germany, where she resided the applicable law. In the case mentioned above, to apply, under Articles 22(1) with her husband, of German the national certificate of and 83(4) of the regulation, the Lisbon, February 2021 nationality, and with her child, THE NOTION OF inheritance is not a decision for Lithuanian law is considered to Paula Pott of Lithuanian nationality, COURT the purposes of Article 3(1)(g) be the applicable law chosen to Judge at the Court of leaving immovable property in To be equated to courts for but, if it meets the conditions rule the succession. Additionally, Appeal of Lisbon and Contact Lithuania where she drew up the purposes of the Succession laid down in Article 3(1)(i) the successors can choose Point of EJN Civil.
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