CELEX: 62020CA0301
Language: en
Date: 2021-07-01 00:00:00
Title: Case C-301/20: Judgment of the Court (Sixth Chamber) of 1 July 2021 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — UE, HC v Vorarlberger Landes- und Hypothekenbank AG (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 650/2012 — European Certificate of Succession — Validity of a certified copy of the certificate not having an expiration date — Article 65(1) — Article 69 — Effects of the certificate as regards the persons who are designated on it but have not requested it to be issued — Article 70(3) — Date to take into account for the assessment of the validity of the copy — Evidential effects of the copy)

16.8.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 329/4
            
         
      Judgment of the Court (Sixth Chamber) of 1 July 2021 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — UE, HC v Vorarlberger Landes- und Hypothekenbank AG
      (Case C-301/20) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 650/2012 - European Certificate of Succession - Validity of a certified copy of the certificate not having an expiration date - Article 65(1) - Article 69 - Effects of the certificate as regards the persons who are designated on it but have not requested it to be issued - Article 70(3) - Date to take into account for the assessment of the validity of the copy - Evidential effects of the copy)
      (2021/C 329/04)
      Language of the case: German
      
         Referring court
      
      Oberster Gerichtshof
      
         Parties to the main proceedings
      
      
         Applicants: UE, HC
      
         Defendant: Vorarlberger Landes- und Hypothekenbank AG
      
         Interested party: Estate of VJ
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 70(3) 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 certified copy of the European Certificate of Succession, bearing the words ‘unlimited duration’, is valid for a period of six months from the date of issue and produces its effects, within the meaning of Article 69 of that regulation, if it was valid when it was presented to the competent authority;
               
            
                  2.
               
               
                  Article 65(1) of Regulation No 650/2012, read in conjunction with Article 69(3) of that regulation, must be interpreted as meaning that the effects of the European Certificate of Succession are produced with respect to all persons who are named therein, even if they have not themselves requested that it be issued.
               
            
         (1)  OJ C 313, 21.9.2020.