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Case C-57/24, Ławida: Judgment of the Court (Ninth Chamber) of 27 March 2025 (request for a preliminary ruling from the Sąd Okręgowy w Gliwicach – Poland) – BA, whose legal representative is BR (Reference for a preliminary ruling – Judicial cooperation in civil matters – Measures relating to the law on succession – Regulation (EU) No 650/2012 – Article 13 – Jurisdiction of the court of the place of the habitual residence of the heir – Late declaration of waiver of the succession of a deceased person, who habitually resided in a Member State, by an heir, who habitually resides in another Member State)
ECLI:EU:UNKNOWN:62024CA0057
62024CA0057
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Official Journal of the European Union
C series
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C/2025/2830
(Case C-57/24,
(1)
Ławida)
(2)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Measures relating to the law on succession - Regulation (EU) No 650/2012 - Article 13 - Jurisdiction of the court of the place of the habitual residence of the heir - Late declaration of waiver of the succession of a deceased person, who habitually resided in a Member State, by an heir, who habitually resides in another Member State)
(C/2025/2830)
Language of the case: Polish
Referring court
Parties to the main proceedings
Appellant: BA, whose legal representative is BR
Intervening parties: EQ, whose legal representative is XK, CJ, whose legal representative is XK, LF, AA, whose legal representative is TB
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 meaning that the courts of the Member State in which a person habitually resides who applies to be freed from the legal consequences of failing to make a declaration of waiver of a succession, within the required period, do not have jurisdiction to approve such an application.
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(1) OJ C C/2024/2923.
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
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ELI: http://data.europa.eu/eli/C/2025/2830/oj
ISSN 1977-091X (electronic edition)
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