Acceso usuarios
Silvia Marino
The present contribution reviews the case-law of the Court of Justice of the Europen Union on the EU succession regulation 650/2012, in order to analyse the most sensitive issues in the first years of its application. Quite unsurprisingly, a consistent number of questions submitted for preliminary ruling refers to the material scope of the regulation and to the interpretation of the subject-matters excluded therfrom. While the role of party autonomy in the regularion does not seem to have been yet discussed, many foubts arise on the determination of the role of the notaries, on the competences to issue national certificates and the European certificate of succession, and on the duties of courts deciding non-contentious cases. Recenly, the CJEU dealt with the notions of habitual residence of an adult and of cross-border matters, thus with a potential impact on the application of other EU regulations in civil judicial matters. The final remarks positively stress the current general sunsitiveness towards a correct succession planning in the light of the examined case-law.
