CELEX: 62020CA0277
Language: en
Date: 2021-09-09 00:00:00
Title: Case C-277/20: Judgment of the Court (First Chamber) of 9 September 2021 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Proceedings brought by UM (Reference for a preliminary ruling — Judicial cooperation in civil matters — Succession — Regulation (EU) No 650/2012 — Article 3(1)(b) — Concept of ‘agreement as to succession’ — Scope — Contract transferring ownership mortis causa — Article 83(2) — Choice of applicable law — Transitional provisions)

22.11.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 471/8
            
         
      Judgment of the Court (First Chamber) of 9 September 2021 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Proceedings brought by UM
      (Case C-277/20) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - Succession - Regulation (EU) No 650/2012 - Article 3(1)(b) - Concept of ‘agreement as to succession’ - Scope - Contract transferring ownership mortis causa - Article 83(2) - Choice of applicable law - Transitional provisions)
      (2021/C 471/09)
      Language of the case: German
      
         Referring court
      
      Oberster Gerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: UM
      
         Interested parties: HW, as administrator of the estate of ZL, Marktgemeinde Kötschach-Mauthen, Finanzamt Spittal Villach
      
         Operative part of the judgment
      
      
                  1.
               
               
                  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 must be interpreted as meaning that a contract under which a person provides for the future transfer, on death, of ownership of immovable property belonging to him or her to other parties to the contract is an agreement as to succession within the meaning of that provision;
               
            
                  2.
               
               
                  Article 83(2) of Regulation No 650/2012 must be interpreted as meaning that it does not apply to the examination of the validity of a choice of applicable law, made before 17 August 2015, to govern only an agreement as to succession within the meaning of Article 3(1)(b) of that regulation, in respect of a particular asset of the deceased, and not the latter’s succession as a whole.
               
            
         (1)  OJ C 313, 21.9.2020.