# C_2023235EN.01001101.xml

| 3.7.2023 | EN | Official Journal of the European Union | C 235/11 |
| --- | --- | --- | --- |

3.7.2023

EN

Official Journal of the European Union

C 235/11

---

Request for a preliminary ruling from the Amtsgericht Lörrach (Germany) lodged on 23 March 2023 — in the probate proceedings P. M. J. T., testator

(Case C-187/23, Albausy (1))

(2023/C 235/16)

Language of the case: German

Referring court

Amtsgericht Lörrach

Parties to the main proceedings

Interested parties: E. V. G.-T., P. T., F. T., G. T.

Questions referred

| (a) | Must point (a) of the second subparagraph of Article 67(1) of the Succession Regulation (2) be interpreted as meaning that it also refers to challenges raised in the procedure for issuing the European Certificate of Succession itself, which the court is not permitted to examine, and that it does not refer only to challenges raised in other proceedings? |
| --- | --- |

(a)

Must point (a) of the second subparagraph of Article 67(1) of the Succession Regulation (2) be interpreted as meaning that it also refers to challenges raised in the procedure for issuing the European Certificate of Succession itself, which the court is not permitted to examine, and that it does not refer only to challenges raised in other proceedings?

| (b) | If the answer to Question (a) is in the affirmative: Must point (a) of the second subparagraph of Article 67(1) of the Succession Regulation be interpreted as meaning that a European Certificate of Succession may not be issued even if challenges have been raised in the procedure for issuing the European Certificate of Succession, but they have already been examined in the proceedings for the issuance of a certificate of inheritance under German law? |
| --- | --- |

(b)

If the answer to Question (a) is in the affirmative: Must point (a) of the second subparagraph of Article 67(1) of the Succession Regulation be interpreted as meaning that a European Certificate of Succession may not be issued even if challenges have been raised in the procedure for issuing the European Certificate of Succession, but they have already been examined in the proceedings for the issuance of a certificate of inheritance under German law?

| (c) | If the answer to Question (a) is in the affirmative: Must point (a) of the second subparagraph of Article 67(1) of the Succession Regulation be interpreted as covering any challenges, even if they have not been substantiated and no formal evidence is to be taken of that fact? |
| --- | --- |

(c)

If the answer to Question (a) is in the affirmative: Must point (a) of the second subparagraph of Article 67(1) of the Succession Regulation be interpreted as covering any challenges, even if they have not been substantiated and no formal evidence is to be taken of that fact?

| (d) | If the answer to Question (a) is in the negative: In what form must the court state the reasons that led it to reject the challenges and to issue the European Certificate of Succession? |
| --- | --- |

(d)

If the answer to Question (a) is in the negative: In what form must the court state the reasons that led it to reject the challenges and to issue the European Certificate of Succession?

---

(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  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).

---