Reflections on the concept of ‘court’ within the meaning of Article 3.2 of Regulation (EU) nº 650/2012 after the judgments of the Court of Justice of the European Union Oberle, C-20/17, and WB, C-658/17. Spanish perspective

Abstract

The purpose of this study is to critically examine the interpretation given by the CJUE of the concept of ‘court’ within the meaning of Article 3.2 of Regulation (EU) No 650/2012, as regards, in particular, the non-judicial authorities, when it links that concept to the requirement to have jurisdic­tion to settle disputes, disregarding the concept of the non-contentious jurisdiction, whose procedures may be awarded to the competence of those. The CJEU would thus deprive of its meaning and content that article when, requiring that condition not envisaged in the Regulation, it excludes from its scope non-judicial authorities exercising genuine judicial functions, acting or deciding on their own authority regardless of the conformity of the parties