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Case C-310/25, MMWB: Request for a preliminary ruling from the Amtsgericht Hagen (Germany) lodged on 30 April 2025 – MMWB GmbH & Co. KG v EL
ECLI:EU:UNKNOWN:62025CN0310
62025CN0310
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Official Journal of the European Union
C series
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C/2025/4268
11.8.2025
(Case C-310/25, MMWB)
(C/2025/4268)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: MMWB GmbH & Co. KG
Defendant: EL
Questions referred
Can an heir from one Member State, where two courts in two different Member States, which do not correspond to the habitual residence of the heir, each accept jurisdiction to rule on a succession under Article 4 of the EU Succession Regulation, (1) make before one of those courts a valid declaration concerning the waiver of succession in accordance with the formal requirements applicable there?
If Question 1 is to be answered in the affirmative:
Does such a declaration concerning the waiver of succession made before a court of another Member State vis-à-vis a court of another Member State, which considers itself as also having jurisdiction to rule on the succession under Article 4 of the EU Succession Regulation, replace the declaration concerning the waiver of succession to be made before that court in such a way that it is deemed to have been validly made as at the time at which it was made?
Was the defendant able to waive the succession validly before the … District Court, Limburg, … as registry for the … District Court, Roermond, … with the declarations (waiver) of 19 December 2023 and 24 February 2025?
If Questions 1 and 2 are to be answered in the affirmative:
Does the validity of the waiver depend on whether the heir makes the declaration concerning the waiver of succession in the first set of proceedings in the court of a Member State of which she becomes aware, in accordance with the formal requirements applicable there, or is she free to decide in which proceedings she makes the declaration concerning the waiver of succession?
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(1) 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/2025/4268/oj
ISSN 1977-091X (electronic edition)
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