E. E. () and loi applicable aux successions) (Judgment) French Text [2020] EUECJ C-80/19 (16 July 2020)

E. E. () and loi applicable aux successions) (Judgment) French Text [2020] EUECJ C-80/19 (16 July 2020)

A succession involving a deceased who was a national of one Member State but resided in another, with property and heirs in both, constitutes a cross-border succession under Regulation (EU) No 650/2012. The habitual residence of the deceased must be determined in only one Member State. Lithuanian notaries do not exercise judicial functions when issuing certificates of inheritance and are not 'jurisdictions' under the Regulation unless acting under judicial delegation or control. Therefore, their certificates are 'authentic instruments', not 'decisions', and circulate as such under the Regulation. Jurisdiction and applicable law cannot be determined solely by the parties' agreement or the...

Citation
[2020] EUECJ C-80/19
Parties
Applicant: E. E.; Notary/respondent: Kauno miesto 4-ojo notaro biuro notarė Virginija Jarienė; Interested Party (spouse of Deceased): K.-D. E.
Jurisdiction
European Union
Judgment Date
16 July 2020
Procedural Posture
Preliminary Reference (cjeu) / Judgment on Preliminary Questions
Outcome
Questions answered; interpretation of Regulation (EU) No 650/2012 provided to referring court.
Legal Topics
Cross Border Succession, Habitual Residence, Jurisdiction of Notaries, Choice of Law in Succession, Recognition of Authentic Instruments
European Union Law Private International Law Succession Law Cross Border Succession Habitual Residence Jurisdiction of Notaries Choice of Law in Succession Recognition of Authentic Instruments

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Parties

E. E.

Applicant

Kauno miesto 4-ojo notaro biuro notarė Virginija Jarienė

Notary/respondent

K.-D. E.

Interested Party (spouse of Deceased)

Procedural Posture

Preliminary Reference (cjeu) / Judgment on Preliminary Questions

Legal Issues

  1. 1 Whether a succession with elements in multiple Member States constitutes a 'succession having a cross-border impact' under Regulation (EU) No 650/2012
  2. 2 Whether Lithuanian notaries are 'jurisdictions' under Article 3(2) of Regulation (EU) No 650/2012
  3. 3 Whether certificates of inheritance issued by Lithuanian notaries are 'decisions' or 'authentic instruments' under the Regulation

Ratio Decidendi

A succession involving a deceased who was a national of one Member State but resided in another, with property and heirs in both, constitutes a cross-border succession under Regulation (EU) No 650/2012. The habitual residence of the deceased must be determined in only one Member State. Lithuanian notaries do not exercise judicial functions when issuing certificates of inheritance and are not 'jurisdictions' under the Regulation unless acting under judicial delegation or control. Therefore, their certificates are 'authentic instruments', not 'decisions', and circulate as such under the Regulation. Jurisdiction and applicable law cannot be determined solely by the parties' agreement or the...

Court Disposition

Questions answered; interpretation of Regulation (EU) No 650/2012 provided to referring court.

Orders

  • A cross-border succession exists where the deceased was a national of one Member State, resided in another, and had property and heirs in both.
  • The habitual residence of the deceased must be determined in only one Member State.