CELEX: 62020CN0277
Language: en
Date: 2020-06-24 00:00:00
Title: Case C-277/20: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 24 June 2020 — UM

21.9.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/12
            
         
      Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 24 June 2020 — UM
      (Case C-277/20)
      (2020/C 313/14)
      Language of the case: German
      
         Referring court
      
      Oberster Gerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: UM
      
         Other parties to the proceedings: HW as administrator of the estate of ZL, Marktgemeinde Kötschach-Mauthen, Finanzamt Spittal Villach
      
         Questions referred
      
      
                  1.
               
               
                  Is Article 3(1)(b) of 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 (1) to be interpreted as meaning that a contract of donation mortis causa entered into between two German nationals habitually resident in Germany in respect of real estate located in Austria, granting the donee a right having the character of an obligation against the estate to registration of his title after the donor’s death pursuant to that contract and the donor’s death certificate, that is without the intervention of the probate court, is an agreement as to succession within the meaning of that provision?
               
            
                  2.
               
               
                  If the answer to the above question is in the affirmative:
                  Is Article 83(2) of Regulation No 650/2012 to be interpreted as meaning that it also regulates the effect of a choice of applicable law made before 17 August 2015 for a contract of donation mortis causa that is to be qualified as an agreement as to succession within the meaning of Article 3(1)(b) of the regulation?
               
            
         (1)  OJ 2012 L 201, p. 107.