Yesterday (7 November 2024), the Court of Justice – asked by the Regional Court, Düsseldorf, Germany, (Landgericht Düsseldorf) to interpret Art 10 of Regulation (EU) No 650/2012 – delivered its judgment on the case No C-354/21, Hantoch.
In essence, the referring Court asked whether – for the purposes of determining its jurisdiction under Art 10(1) of the Succession Regulation – the location of estate assets should be assessed at the time the court is seized, or at the time of the deceased’s death
In the judgment, the Court of Justice stated that Art 10(1) of Regulation No 650/2012 must be interpreted as meaning that “in order to determine whether the subsidiary jurisdiction of the courts of the Member State in which assets of the estate are located may be exercised, in order to rule on the succession as a whole, it is necessary to examine whether those assets were located in that Member State not at the time those courts were seised, but rather at the time of death”.
On the European Succession Regulation, the readers of RDIPP may refer to:
Ilaria Viarengo, 2020, No 3, 559 ff;
Francesca C. Villata, 2019, no 4, 714 ff;
Domenico Damascelli, 2019, No 1, 45 ff;
Andrea Bonomi, 2019, No 1, 25 ff;
Jacopo Re, 2018, No 4, 978 ff;
Ilaria Queirolo, 2018, No 4, 870 ff;
Francesca Maoli, 2018, No 3, 676 ff;
Zeno Crespi Reghizzi, 2017, No 3, 633 ff;
Domenico Damascelli, 2017, No 1, 67 ff;
Peter Kindler, 2017, No 1, 12 ff;
Cristina Campiglio, 2016, No 4, 925 ff;
Luigi Fumagalli, 2015, No 4, 779 ff;
Fabrizio Vismara, 2014, No 4, 803 ff.;
Andrea Bonomi, 2013, No 2, 293 ff;
Andrea Bonomi, 2010, No 4, 874 ff.
Moreover, see, in our Book Series:
Jacopo Re, Book No 85;
Lenka Válková, Book No 87.