The present contribution reviews the case-law of the Court of Justice of the European Union on the EU succession regulation 650/2012, in order to analyse the most sensitive issues in the first years of its application. Quite unsurprisingly, a consistent number of questions submitted for preliminary ruling refers to the material scope of the regulation and to the interpretation of the subject-matters excluded therefrom. While the role of party autonomy in the regulation does not seem to have been yet discussed, many doubts arise on the determination of the role of the notaries, on the competences to issue national certificates and the European certificate of succession, and on the duties of courts deciding non-contentious cases. Recently, the CJEU dealt with the notions of habitual residence of an adult and of cross-border matters, thus with a potential impact on the application of other EU regulations in civil judicial matters. The final remarks positively stress the current general sensitiveness towards a correct succession planning in the light of the examined case-law.
IL REGOLAMENTO (UE) 650/2012 SULLE SUCCESSIONI INTERNAZIONALI NELLA PRIMA GIURISPRUDENZA DELLA CORTE DI GIUSTIZIA DELL'UNIONE EUROPEA
Silvia Marino
2022-01-01
Abstract
The present contribution reviews the case-law of the Court of Justice of the European Union on the EU succession regulation 650/2012, in order to analyse the most sensitive issues in the first years of its application. Quite unsurprisingly, a consistent number of questions submitted for preliminary ruling refers to the material scope of the regulation and to the interpretation of the subject-matters excluded therefrom. While the role of party autonomy in the regulation does not seem to have been yet discussed, many doubts arise on the determination of the role of the notaries, on the competences to issue national certificates and the European certificate of succession, and on the duties of courts deciding non-contentious cases. Recently, the CJEU dealt with the notions of habitual residence of an adult and of cross-border matters, thus with a potential impact on the application of other EU regulations in civil judicial matters. The final remarks positively stress the current general sensitiveness towards a correct succession planning in the light of the examined case-law.
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