VIII. JURISPRUDENŢA CURŢII DE JUSTIŢIE A UNIUNII EUROPENE 1. Dincolo de reşedinţa obişnuită: cartografierea competenţei subsidiare în dreptul procesual succesoral al UE
VIII. JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION 1. Beyond habitual residence: Mapping subsidiary jurisdiction under EU succession procedural law

Summary/Abstract: This article examines Article 10 of Regulation (EU) No 650/2012, which enshrines a subsidiary forum of jurisdiction within the European law of succession. It reconstructs the teleological rationale of the provision, situating it within the systematic framework of the Regulation and the overarching principle of the unity of succession, which seeks the coherent adjudication of the deceased’s estate. The analysis demonstrates that Article 10 establishes a hierarchical structure of relevant connecting factors – nationality, former habitual residence and the situs of assets – designed to preserve a sufficient jurisdictional nexus between the estate and a Member State, even in the absence of habitual residence within the Union. Drawing on the Court of Justice’s judgments in VA (C 645/20) and LS (C 291/23), the study highlights the Court’s emerging view that the ex officio verification of jurisdiction constitutes an element of European procedural public order. Article 10 is not a mere technical derogation, but a device of jurisdictional cohesion, embodying a model of solidarity among the courts of the Member States. Ultimately, this provision reflects the delicate equilibrium between the universalism of succession and the pluralism of national fora, thereby preventing both fragmentation and denial of justice in cases of complete extraneity.

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