Jurisdiction in the issuance of succession certificates: purpose to the CJEU Judgement of 21st June 2018 Vincent Pierre Oberle, C-20/17

Abstract

In Regulation (EU) 650/2012 there is no specific provision that regulates the competence in the issue of national certificates of succession, even the term “national succession of certificate” is never used as such, but rather calls them “internal documents used for similar purposes in the Member States” to those of European Certificates of Succession. However, this international instrument contemplates a specific regulation governing the competence in the issue of European Certificate of Succession (art. 64 Regulation (EU) 650/2012). Well, given the “apparent legal loophole” in relation to national certificates of succession, it must be determined, if within the concept “succession as a whole” -which indicates the scope of the Regulation-, such certificates are found. In which case, the jurisdiction rules of Chapter II of this Regulation would apply to the issuance of national certificates of succession and the procedures related to them. In this regard, the CJEU Judgement of 21st June 2018, Vincent Pierre Oberle, C-20/17, and, above all, the Conclusions of the Advocate General Mr. M. Szpunar, have come to solve this “legal loophole”, as well as others issues raised of great importance, in relation to the specific issue that was being settled. This case, on the other hand, involves the resolution of an issue which could be relevant to all Member States where provision is made for judicial authorities to issue national certificates of succession.