KG Berlin; 2019-09-03; 1 W 161/19
Decision by national courts in the field of European Union law — ECLI:DE:KG:2019:0903.1W161.19.00
Date: 2019-09-03
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82019DE0903(51)_ENG_SUMJURE
JURE summary
JURE summary
A notary (hereinafter the ‘plaintiff’) representing two heirs at law (hereinafter the ‘heirs’) applied with the Amtsgericht Berlin-Mitte (hereinafter ‘the Court of First Instance’) for ownership of an apartment to be transferred to the heirs and the respective priority notice in the Register of Apartment Owners to be deleted.
The application was based on a certified copy of a European certificate of succession (hereinafter ‘the ECS’) issued by a Swedish tax authority which showed that the beneficiary of the priority notice was the deceased and the heirs his heirs at law.
In its first preliminary injunction, the Court of First Instance pointed out the expired validity date of the ECS and requested that the second preliminary injunction be presented with a new ECS.
The appeal of the plaintiff against the second preliminary injunction of the Court of First Instance lodged with the Kreisgericht Berlin (hereinafter ‘the Court of Appeal’) was found admissible but not justified.
The Court of First Instance was correct to deem the validity of the copy, which would have expired before the application had been dealt with, to represent an obstacle for making the entry in the register. The decisive factor for the validity of the copy was not the time of filing the application but the completion of the entry. Article 70(3)(1) of the Succession Regulation (1) provides for a 6-month validity of copies of an ECS. The date when a certified copy expires is always stated on the document. An expired copy of an ECS has no evidential effects under Article 69(2) of the Succession Regulation.
In these cases, it is not necessary to make changes to the original European certificate of succession, which was left with the issuing authority. Instead, the authorised person could apply for an extension of the certified copy or the issuance of a new copy.
The Court of Appeal dismissed the appeal of the plaintiff against the preliminary injunction of the Court of First Instance, requesting that the heirs present an extended certified copy or a new certified copy of the ECS within two months.
(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.