HOTĂRÂREA CJUE ÎN CAUZA C-20/17: PRECIZĂRI PRIVIND DOMENIUL DE APLICARE AL ART. 4 DIN REGULAMENTUL (UE) NR. 650/2012
[CJEU’S JUDGMENT IN CASE C-20/17: CLARIFICATIONS ON THE SCOPE OF ARTICLE 4 FROM REGULATION (EU) 650/2012]

Summary/Abstract: This short study aims to provide a prima facie presentation and assessment of CJEU’s Judgment in Case C-20/17 which brings some clarifications on the scope of the general jurisdiction provided by Regulation (EU) 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. Prior to this judgment, the doctrine considered, on the one hand, that the competence of the courts of the Member States to issue national certificates of inheritance is determined on the basis of their national law and, on the other hand, it has been held that Regulation (EU) 650/2012 determines international jurisdiction in both contentious and non-contentious procedures, including the issue of a national certificate of heir. CJEU’s Judgment in Case C-20/17 confirms this latter doctrinal guidance.

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