2. Domeniul de aplicare a Regulamentului nr. 650/2012 în jurisprudenţa Curţii de Justiţie a Uniunii Europene
2. Scope of Application of Regulation No 650/2012 in the Case Law of the Court of Justice of the European Union

Summary/Abstract: Adopted pursuant to Article 81(2)(c) of the Treaty on the Functioning of the European Union and with the stated aim of ensuring the compatibility of the conflict of laws and jurisdiction rules applied in the Member States, Regulation (EU) No 650/2012 sought to concentrate jurisdiction over succession proceedings before a single authority, thereby avoiding multiple succession procedures and ensuring the unitary character of the estate through the symmetry between the criterion for establishing international jurisdiction in succession matters and the criterion for determining the applicable law: the deceased’s last habitual residence at the time of death. In a study conducted by a renowned author, it was noted that since 17 August 2015 the Court of Justice of the European Union has delivered 18 judgments interpreting the Regulation’s provisions, and national courts have applied them in a significant number of cases, with an annual review published in the Yearbook of Private International Law. The themes addressed by European and national courts in the judgments handed down can be grouped into five broad categories: the scope of the Regulation, the notion of a court, the law applicable to the succession, the notion of habitual residence, and the transitional provisions concerning the validity of acts concluded prior to the Regulation’s entry into force. This study proposes to examine only one of the aspects considered by the Court of Justice of the European Union, namely the scope of application of the Regulation, and to offer a brief overview of how European case law has been received by national courts.

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