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Case C-651/21, M. Ya. M. (Co-heir’s waiver of succession): Judgment of the Court (Tenth Chamber) of 30 March 2023 (request for a preliminary ruling from the Sofiyski rayonen sad — Bulgaria) — Proceedings brought by M. Ya. M. (Reference for a preliminary ruling — Judicial cooperation in civil matters — Measures relating to the law on succession — Regulation (EU) No 650/2012 — Article 13 — Declaration concerning the waiver of a succession made by an heir before the court of the Member State of his or her habitual residence — Subsequent registration of that declaration, at the request of another heir, in the register of another Member State)
ECLI:EU:UNKNOWN:62021CA0651
62021CA0651
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22.5.2023
Official Journal of the European Union
C 179/6
(Case C-651/21, (<span class="oj-super oj-note-tag">1</span>) M. Ya. M. (Co-heir’s waiver of succession))
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Measures relating to the law on succession - Regulation (EU) No 650/2012 - Article 13 - Declaration concerning the waiver of a succession made by an heir before the court of the Member State of his or her habitual residence - Subsequent registration of that declaration, at the request of another heir, in the register of another Member State)
(2023/C 179/08)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicant: M. Ya. M.
Operative part of the judgment
Article 13 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 not precluding, after an heir has already had registered with a court of the Member State in which he or she is habitually resident his or her declaration of acceptance or of waiver of the succession of a deceased person whose habitual residence was, at the time of his or her death, in another Member State, another heir from applying for a subsequent registration of that declaration with the court of the latter Member State having jurisdiction.
Language of the case: Bulgarian
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(<span class="oj-super">1</span>) OJ C 37, 24.1.2022.