Vorarlberger Landes- und Hypotheken-Bank (Opinion) French Text [2021] EUECJ C-301/20_O (29 April 2021)

Vorarlberger Landes- und Hypotheken-Bank (Opinion) French Text [2021] EUECJ C-301/20_O (29 April 2021)

The certified copy of a European Certificate of Succession that was valid when first presented must be recognized as producing effects, even if it expires before the authority's decision, unless there are reasonable indications that the original certificate has been rectified, modified, withdrawn, or suspended...

Source-derived case information.

Citation
[2021] EUECJ C-301/20_O
Parties
Applicant: HC; Applicant: UE; Respondent: Vorarlberger Landes- und Hypotheken-Bank AG; Interested Party: Succession de VJ
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Opinion proposes that the certified copy is effective if valid at first presentation, with exceptions for subsequent changes to the original certificate.
Legal Topics
European Certificate of Succession, Validity of Certified Copies, Cross Border Succession, Interpretation of Regulation (eu) No 650/2012
European Union Law Private International Law Succession Law European Certificate of Succession Validity of Certified Copies Cross Border Succession Interpretation of Regulation (eu) No 650/2012

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

HC

Applicant

UE

Applicant

Vorarlberger Landes- und Hypotheken-Bank AG

Respondent

Succession de VJ

Interested Party

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Whether a certified copy of a European Certificate of Succession issued without an expiry date is valid and for how long under Regulation (EU) No 650/2012.
  2. 2 Whether the certificate produces effects for all persons named therein, even if they did not request its issuance.
  3. 3 At what procedural moment the validity of the certified copy must be assessed.

Ratio Decidendi

The certified copy of a European Certificate of Succession that was valid when first presented must be recognized as producing effects, even if it expires before the authority's decision, unless there are reasonable indications that the original certificate has been rectified, modified, withdrawn, or suspended before the decision, in which case a new or extended copy may be required.

Court Disposition

Opinion proposes that the certified copy is effective if valid at first presentation, with exceptions for subsequent changes to the original certificate.

Orders

  • Recognize the effects of a certified copy of a European Certificate of Succession that was valid when first presented, even if expired before the decision.
  • Exception: If there are reasonable indications of rectification, modification, withdrawal, or suspension of the certificate before the decision, the authority may require a new or extended copy.