The present paper analyses the recent judgment of the Court of Justice of the European Union in the Brisch case. The reference for preliminary ruling concerns the optional or mandatory nature of the application form established by the Succession Implementing Regulation for the issue of an European Certificate of Succession. The present paper tackles the general framework, from the current CJEU’s case law on the Succession Regulation’s provisions on the ECS, to the main procedural issues. Then, an analysis of the case and of the CJEU’s reasoning is offered. The concluding remarks submit some considerations on the impact of the standard forms established by the EU Regulations within the civil judicial cooperation.

Use of standard forms in EU Civil Judicial Cooperation: the case of the European Certificate of Succession

Silvia Marino
2020-01-01

Abstract

The present paper analyses the recent judgment of the Court of Justice of the European Union in the Brisch case. The reference for preliminary ruling concerns the optional or mandatory nature of the application form established by the Succession Implementing Regulation for the issue of an European Certificate of Succession. The present paper tackles the general framework, from the current CJEU’s case law on the Succession Regulation’s provisions on the ECS, to the main procedural issues. Then, an analysis of the case and of the CJEU’s reasoning is offered. The concluding remarks submit some considerations on the impact of the standard forms established by the EU Regulations within the civil judicial cooperation.
2020
European Certificate of Succession, Standard Forms, Succession Regulation No 650/2012, Implementing Regulation No 1329/2014.
Marino, Silvia
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11383/2087265
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