# C_2022037EN.01001501.xml

| 24.1.2022 | EN | Official Journal of the European Union | C 37/15 |
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24.1.2022

EN

Official Journal of the European Union

C 37/15

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Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 25 October 2021 — M. Ya. M.

(Case C-651/21)

(2022/C 37/20)

Language of the case: Bulgarian

Referring court

Sofiyski rayonen sad

Party to the main proceedings

Applicant in the main proceedings: M. Ya. M.

Questions referred

| 1. | Is Article 13 of Regulation (EU) No 650/2012 [...], (1) read in conjunction with the principle of the protection of legal certainty, to be interpreted as precluding, after an heir has already had registered with a court of the State in which he or she is habitually resident his or her acceptance or waiver of the succession of a deceased person who was habitually resident in another State of the European Union at the time of his or her death, a request to have that waiver or acceptance subsequently registered in the latter State? |
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1.

Is Article 13 of Regulation (EU) No 650/2012 [...], (1) read in conjunction with the principle of the protection of legal certainty, to be interpreted as precluding, after an heir has already had registered with a court of the State in which he or she is habitually resident his or her acceptance or waiver of the succession of a deceased person who was habitually resident in another State of the European Union at the time of his or her death, a request to have that waiver or acceptance subsequently registered in the latter State?

| 2. | If the answer to the first question is that such registration is permissible, is Article 13 of Regulation (EU) No 650/2012 [...], read in conjunction with the principles of the protection of legal certainty and the effective implementation of EU law, and the obligation of cooperation between States under Article 4(3) [TEU], to be interpreted as permitting a request for the registration of a waiver of the succession of a deceased person effected by an heir in the State in which he or she is habitually resident by another heir residing in the State in which the deceased was habitually resident at the time of his or her death, irrespective of the fact that the procedural law of the latter State does not provide for the possibility to have a waiver of a succession registered on behalf of another person? |
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2.

If the answer to the first question is that such registration is permissible, is Article 13 of Regulation (EU) No 650/2012 [...], read in conjunction with the principles of the protection of legal certainty and the effective implementation of EU law, and the obligation of cooperation between States under Article 4(3) [TEU], to be interpreted as permitting a request for the registration of a waiver of the succession of a deceased person effected by an heir in the State in which he or she is habitually resident by another heir residing in the State in which the deceased was habitually resident at the time of his or her death, irrespective of the fact that the procedural law of the latter State does not provide for the possibility to have a waiver of a succession registered on behalf of another person?

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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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