UM (Contrat translatif de propriete mortis causa) (Judicial cooperation in civil matters - Succession - Judgment) [2021] EUECJ C-277/20 (09 September 2021)

UM (Contrat translatif de propriete mortis causa) (Judicial cooperation in civil matters - Succession - Judgment) [2021] EUECJ C-277/20 (09 September 2021)

A contract under which a person provides for the future transfer, on death, of ownership of immovable property to other parties is an agreement as to succession under Article 3(1)(b) of Regulation (EU) No 650/2012. Article 83(2) does not apply to a choice of law made before 17 August 2015 that governs only such an agreement for a particular asset, not the succession as a whole.

Citation
[2021] EUECJ C-277/20
Parties
Applicant: UM; Interested Party: German Government; Interested Party: Spanish Government; Interested Party: European Commission
Jurisdiction
European Union
Judgment Date
09 September 2021
Procedural Posture
Preliminary Ruling / Judgment on Reference From National Court
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
Interpretation of Regulation (eu) No 650/2012, Agreement as to Succession, Choice of Law in Succession, Transitional Provisions in Succession Regulation
EU Law Succession Law Private International Law Interpretation of Regulation (eu) No 650/2012 Agreement as to Succession Choice of Law in Succession Transitional Provisions in Succession Regulation

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Parties

UM

Applicant

German Government

Interested Party

Spanish Government

Interested Party

European Commission

Interested Party

Procedural Posture

Preliminary Ruling / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether a contract for the future transfer on death of immovable property is an 'agreement as to succession' under Article 3(1)(b) of Regulation (EU) No 650/2012
  2. 2 Whether Article 83(2) of Regulation (EU) No 650/2012 applies to a choice of law made before 17 August 2015 for such an agreement

Ratio Decidendi

A contract under which a person provides for the future transfer, on death, of ownership of immovable property to other parties is an agreement as to succession under Article 3(1)(b) of Regulation (EU) No 650/2012. Article 83(2) does not apply to a choice of law made before 17 August 2015 that governs only such an agreement for a particular asset, not the succession as a whole.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.

Orders

  • Article 3(1)(b) of Regulation (EU) No 650/2012 interpreted to include contracts for future transfer on death of immovable property as agreements as to succession.
  • Article 83(2) of Regulation (EU) No 650/2012 does not apply to a choice of law made before 17 August 2015 for such an agreement concerning a particular asset only.