Case C-873/24, Marwanak: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 17 December 2024 – GK and Others
Date: 2024-12-17
Institutions: Court of Justice
Subjects: acquisition of property, inheritance, judicial cooperation in civil matters in the EU, land register, law of succession, official document, real property








C_202501745EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1745


31.3.2025






Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 17 December 2024 – GK and Others


(Case C-873/24, Marwanak)
                (1)

(C/2025/1745)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicants, appellants and appellants on a point of law: GK, NU, TZ, MV, UK

Questions referred







1.


Is Article 68(l) of Regulation No 650/2012 (2) to be interpreted as meaning that a European Certificate of Succession must contain the information required under the national law of the State in which the property is located for the recording of the heir as its owner in the land register in respect of immovable property forming part of the estate and located in a Member State other than the State of the issuing authority where the heir has requested that such information be included in the European Certificate of Succession for the purposes of recording him or her as its owner in the land register of the State in which the property is located and where, if the European Certificate of Succession is the only document presented in support of the application for registration, the recording, under the national law of the State in which the property is located, in the land register of that State can take place only if the European Certificate of Succession contains such information?










2.


Does it make any difference to the answer to Question 1 whether, under the applicable succession law, the transfer of the estate will take place by way of universal succession?










3.


Does it make any difference to the answer to Question 1 whether, instead of relying on the presentation of a European Certificate of Succession containing the information referred to in Question 1, the recording in the land register of the State in which the property is located, under the national law of that State, as referred to in Question 1, can also be obtained by the heir, or, after his or her death, his or her heir, presenting another document containing a declaration by the heir, or, after his or her death, by his or her heir, to the land registry of the State in which the property is located in addition to presenting a European Certificate of Succession that does not contain the information referred to in Question 1?






(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).


ELI: http://data.europa.eu/eli/C/2025/1745/oj
ISSN 1977-091X (electronic edition)