# C_2017030EN.01002002.xml

| 30.1.2017 | EN | Official Journal of the European Union | C 30/20 |
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30.1.2017

EN

Official Journal of the European Union

C 30/20

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Request for a preliminary ruling from the Kammergericht (Germany) lodged on 3 November 2016 — Doris Margret Lisette Mahnkopf

(Case C-558/16)

(2017/C 030/25)

Language of the case: German

Referring court

Referring court

Kammergericht Berlin

Parties to the main proceedings

Parties to the main proceedings

Applicant: Doris Margret Lisette Mahnkopf

Applicant:

Defendant: Sven Mahnkopf

Defendant:

Questions referred

Questions referred

| 1. | Is Article 1(1) of the EU Succession Regulation (1) to be interpreted as meaning that the scope of the regulation (‘succession’) also covers provisions of national law which, like Paragraph 1371(1) of the German Bürgerliches Gesetzbuch (BGB, Civil Code), govern questions relating to matrimonial property regimes after the death of one spouse by increasing the share of the estate on intestacy of the other spouse? |
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1.

Is Article 1(1) of the EU Succession Regulation (1) to be interpreted as meaning that the scope of the regulation (‘succession’) also covers provisions of national law which, like Paragraph 1371(1) of the German Bürgerliches Gesetzbuch (BGB, Civil Code), govern questions relating to matrimonial property regimes after the death of one spouse by increasing the share of the estate on intestacy of the other spouse?

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| 2. | If the first question is answered in the negative, are Articles 68(l) and 67(1) of the EU Succession Regulation in any case to be interpreted as meaning that the share of the surviving spouse may be recorded in full in the European Certificate of Succession, even if a portion of it stems from an increase pursuant to a rule governing matrimonial property regimes like Paragraph 1371(1) of the Civil Code?
  If this question is to be answered in the negative in principle, can it nevertheless be answered in the affirmative exceptionally for situations where






  (a) | the purpose of the Certificate of Succession is limited to asserting rights of the heirs in a certain other Member States to property of the deceased located there, and |
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2.

If the first question is answered in the negative, are Articles 68(l) and 67(1) of the EU Succession Regulation in any case to be interpreted as meaning that the share of the surviving spouse may be recorded in full in the European Certificate of Succession, even if a portion of it stems from an increase pursuant to a rule governing matrimonial property regimes like Paragraph 1371(1) of the Civil Code?

If this question is to be answered in the negative in principle, can it nevertheless be answered in the affirmative exceptionally for situations where

(a)

the purpose of the Certificate of Succession is limited to asserting rights of the heirs in a certain other Member States to property of the deceased located there, and

| (b) | the ruling on succession (Articles 4 and 21 of the EU Succession Regulation) and — irrespective of which conflict-of-law rules are applied — the questions relating to matrimonial property regimes are to be assessed on the basis of the same national legal system. |
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(b)

the ruling on succession (Articles 4 and 21 of the EU Succession Regulation) and — irrespective of which conflict-of-law rules are applied — the questions relating to matrimonial property regimes are to be assessed on the basis of the same national legal system.

| 3. | If the first and second questions are answered in the negative in their entirety, is Article 68(l) of the EU Succession Regulation to be interpreted as meaning that the share of the surviving spouse increased pursuant to a rule governing matrimonial property regimes may be recorded in full in the European Certificate of Succession, but for information purposes only on account of the increase? |
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3.

If the first and second questions are answered in the negative in their entirety, is Article 68(l) of the EU Succession Regulation to be interpreted as meaning that the share of the surviving spouse increased pursuant to a rule governing matrimonial property regimes may be recorded in full in the European Certificate of Succession, but for information purposes only on account of the increase?

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(1)  Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession; OJ 2012 L 201, p. 107.

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