CAMPOS SÁNCHEZ‑BORDONA

delivered on 11 April 2024 (1)

Case C‑187/23 [Albausy] (i)

interveners:

(Request for a preliminary ruling from the Amtsgericht Lörrach (Local Court, Lörrach, Germany))

(Preliminary-ruling proceedings – Judicial cooperation in civil matters – Regulation (EU) No 650/2012 – Issue of a European Certificate of Succession – Challenge raised in the procedure for issuing the certificate)

Regulation (EU) No 650/2012 (2) is aimed at the removal of obstacles to the free movement of persons who wish to exercise their rights in matters of succession having cross-border implications.

To that end, Regulation No 650/2012 creates a European Certificate of Succession (3) for the internal market and lays down detailed rules governing the arrangements for issuing the certificate and its effects. That certificate enables heirs, legatees, executors of a will and administrators of an estate to demonstrate easily their status as such, or their rights and powers, in any Member State.

This reference for a preliminary ruling has arisen because the spouse of the deceased, who considers herself to be the sole beneficiary of a testamentary succession, applied to the competent national authority for the issue of a European Certificate of Succession. In the same procedure and before the same authority, the son and grandchildren of the deceased challenged the validity of the will submitted. There is disagreement concerning how that challenge affects the issue of the certificate.

The Court of Justice has previously replied to other questions referred for a preliminary ruling in relation to European Certificates of Succession, (4) but none of those raised the uncertainties that have arisen here, which the Court should deal with only if it considers the reference to be admissible.

Legal framework. European Union law

Regulation No 650/2012

Paragraph 1 of Article 62 (‘Creation of a European Certificate of Succession’) reads:

‘1. This Regulation creates a European Certificate of Succession (hereinafter referred to as “the Certificate”) which shall be issued for use in another Member State and shall produce the effects listed in Article 69.’

Article 63 (‘Purpose of the Certificate’) provides:

‘1. The Certificate is for use by heirs, legatees having direct rights in the succession and executors of wills or administrators of the estate who, in another Member State, need to invoke their status or to exercise respectively their rights as heirs or legatees and/or their powers as executors of wills or administrators of the estate.

(a) the status and/or the rights of each heir or, as the case may be, each legatee mentioned in the Certificate and their respective shares of the estate;

(b) the attribution of a specific asset or specific assets forming part of the estate to the heir(s) or, as the case may be, the legatee(s) mentioned in the Certificate;

(c) the powers of the person mentioned in the Certificate to execute the will or administer the estate.’

In accordance with Article 64 (‘Competence to issue the Certificate’):

‘The Certificate shall be issued in the Member State whose courts have jurisdiction under Article 4, Article 7, Article 10 or Article 11. The issuing authority shall be:

(a) a court as defined in Article 3(2); or

(b) another authority which, under national law, has competence to deal with matters of succession.’

Paragraph 3(l) of Article 65 (‘Application for a Certificate’) is worded:

‘The application shall contain the information listed below, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified, and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity, without prejudice to Article 66(2):

(l) a declaration stating that, to the applicant’s best knowledge, no dispute is pending relating to the elements to be certified.’

Article 66 (‘Examination of the application’) states:

‘1. Upon receipt of the application the issuing authority shall verify the information and declarations and the documents and other evidence provided by the applicant. It shall carry out the enquiries necessary for that verification of its own motion where this is provided for or authorised by its own law, or shall invite the applicant to provide any further evidence which it deems necessary.

…’

Pursuant to Article 67 (‘Issue of the Certificate’):

‘1. The issuing authority shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the succession or under any other law applicable to specific elements. It shall use the form established in accordance with the advisory procedure referred to in Article 81(2).

The issuing authority shall not issue the Certificate in particular if:

(a) the elements to be certified are being challenged; or

(b) the Certificate would not be in conformity with a decision covering the same elements.

…’

Article 69 (‘Effects of the Certificate’) provides:

‘1. The Certificate shall produce its effects in all Member States, without any special procedure being required.

2.The Certificate shall be presumed to accurately demonstrate elements which have been established under the law applicable to the succession or under any other law applicable to specific elements. The person mentioned in the Certificate as the heir, legatee, executor of the will or administrator of the estate shall be presumed to have the status mentioned in the Certificate and/or to hold the rights or the powers stated in the Certificate, with no conditions and/or restrictions being attached to those rights or powers other than those stated in the Certificate.

3.Any person who, acting on the basis of the information certified in a Certificate, makes payments or passes on property to a person mentioned in the Certificate as authorised to accept payment or property shall be considered to have transacted with a person with authority to accept payment or property, unless he knows that the contents of the Certificate are not accurate or is unaware of such inaccuracy due to gross negligence.

4.Where a person mentioned in the Certificate as authorised to dispose of succession property disposes of such property in favour of another person, that other person shall, if acting on the basis of the information certified in the Certificate, be considered to have transacted with a person with authority to dispose of the property concerned, unless he knows that the contents of the Certificate are not accurate or is unaware of such inaccuracy due to gross negligence.

5.The Certificate shall constitute a valid document for the recording of succession property in the relevant register of a Member State, without prejudice to points (k) and (l) of Article 1(2).’

Article 1(5) provides:

‘The form to be used for the European Certificate of Succession referred to in Article 67(1) of Regulation (EU) No 650/2012 shall be as set out in Annex 5 as Form V.’

12.Article 1(5) provides:

‘The form to be used for the European Certificate of Succession referred to in Article 67(1) of Regulation (EU) No 650/2012 shall be as set out in Annex 5 as Form V.’

13.The final part of Form V in Annex 5 states that the authority is to certify ‘that, at the time of establishing the certificate, none of the elements contained in it were contested by the beneficiaries’.

II. questions referred for a preliminary ruling

15.On 23 November 2021, E. V. G.-T., P. T.’s wife at the time of his death, applied to the Amtsgericht Lörrach (Local Court, Lörrach, Germany) for a European Certificate of Succession on which she would be shown as the sole heir. (6)

16.For that purpose, she produced a joint will, signed by hand by both spouses and worded as follows:

‘Joint will We, the spouses E. G.-T., born on …, and P. T., born on …, both residing at …, declare as follows:

(1)We are not bound by previous dispositions under inheritance law and have not made any dispositions under inheritance law. As a precautionary measure, we revoke all dispositions previously made by us, whether unilaterally or jointly.

(2)We mutually appoint each other as our sole heirs. This appointment of heirs is made reciprocally and with binding effect. The surviving spouse shall not be otherwise restricted by this disposition. He or she shall be free to organise his or her own succession, including before the death of the first spouse to die, but only for the case where he or she becomes the surviving spouse.

(3)We both reside in Germany and wish the German law of succession to apply, which we choose as the applicable law in the exercise of our choice of law as far as this is permissible. This disposition is reciprocal.

Done in R., 23 July 2020. E. G.-T. This is also my will. P. T.’

17.It is established that there was an older will, handwritten and signed by the testator, which stated:

‘I, P. M. J. T., born on … in A., residing in … Spain, revoke all previous dispositions mortis causa. I bequeath the disposable share of my estate to my two grandchildren, the sons of P., N. A. J. T., born on …., and J. N. J. T., born on … They will share in equal parts the disposable share of my estate. I appoint my son P., and him alone, to arrange my funeral service with a Gregorian Mass and my burial in … Spain. Done in A., 31 May 2001. This is my will. P. T.’

19.According to the referring court, the testator was still capable of making a will (7) and the will presented contains his signature. (8)

20.Against that background, the Amtsgericht Lörrach (Local Court, Lörrach) takes the view that the issuance of the certificate depends on the interpretation of Regulation No 650/2012, and therefore it stayed the proceedings (9) and referred the following questions to the Court of Justice for a preliminary ruling:

(1)‘(1) Must point (a) of the second subparagraph of Article 67(1) of the Succession Regulation be interpreted as meaning that it also refers to challenges raised in the procedure for issuing the European Certificate of Succession itself, which the court is not permitted to examine, and that it does not refer only to challenges raised in other proceedings?

(2)If the answer to Question [1] is in the affirmative: Must point (a) of the second subparagraph of Article 67(1) of the Succession Regulation be interpreted as meaning that a European Certificate of Succession may not be issued even if challenges have been raised in the procedure for issuing the European Certificate of Succession, but they have already been examined in the proceedings for the issuance of a certificate of inheritance under German law?

(3)If the answer to Question [1] is in the affirmative: Must point (a) of the second subparagraph of Article 67(1) of the Succession Regulation be interpreted as covering any challenges, even if they have not been substantiated and no formal evidence is to be taken of that fact?

(4)If the answer to Question [1] is in the negative: In what form must the court state the reasons that led it to reject the challenges and to issue the European Certificate of Succession?’

III. Procedure before the Court of Justice

21.The request for a preliminary ruling was received at the Registry of the Court on 23 March 2023.

22.Written observations were lodged by the German and Spanish governments and the European Commission. All those parties and E. V. G.-T. attended the hearing held on 31 January 2024.

23.The request for a preliminary ruling was received at the Registry of the Court on 23 March 2023.

The referring court has expressed doubts concerning the role of the authority which issues European Certificates of Succession, and concerning the scope of that authority’s powers, within the framework of Article 67 of Regulation No 650/2012.

Admissibility of the reference for a preliminary ruling

24.The Spanish Government argues that the reference is inadmissible because the issue of a European Certificate of Succession does not involve the exercise of a judicial function, as required by Article 267 TFEU. (10)

25.The admissibility of a request for a preliminary ruling depends on whether that request comes from a ‘court or tribunal’ – within the meaning of Article 267 TFEU – which is acting in a judicial capacity. (11)

26.In order to establish whether a particular body satisfies that twofold condition, the Court examines, inter alia other factors, ‘in what specific capacity it is acting within the particular legal context in which it seeks a ruling from the Court, in order for it to be ascertained whether there is a case pending before it and whether it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature’. (12)

27.If those conditions are not met, the referring body, even if it satisfies the other conditions laid down in the Court’s case-law, cannot be regarded as exercising a judicial function. (13)

28.The plea of inadmissibility may be justified in the light of the information which Regulation No 650/2012 provides in relation to the European Certificate of Succession and the activities involved in its production. For the reasons that I shall set out below, it can be inferred from that information that, even where it is a court or tribunal, the authority which issues a certificate in accordance with Article 67 of Regulation No 650/2012 does not adopt a decision at the end of proceedings which conclude with a judicial decision.

Purpose and effects of the European Certificate of Succession

29.Regulation No 650/2012 creates a European Certificate of Succession for which it lays down a legal regime that is uniform and autonomous as compared with similar national certificates. That regime also differs from the regime laid down by the regulation for the recognition of judicial decisions and authentic instruments. (14)

30.The European Certificate of Succession is for use by those who, as heirs, legatees, executors of wills or administrators of the estate, need to invoke, in another Member State, their status or to exercise the rights or powers derived from that status. (15) However, use of the certificate is not mandatory. (16)

31.To meet that need, the certificate produces the following effects, which are identical throughout the European Union: (17)

–It acts as proof (18) of the elements contained in it. (19) By producing the certificate, its holder is entitled to invoke his or her rights or powers in any Member State, without it being possible to require the holder to provide any additional proof. It is presumed that the status mentioned in the certificate, and the rights or powers that it indicates are held, are enjoyed as stated therein. (20)

–It protects a third party who transacts with a person named in the certificate and who, in the light of the information recorded in the certificate, makes payments, passes on property, acquires or receives succession property, ‘unless he knows that the contents of the Certificate are not accurate or is unaware of such inaccuracy due to gross negligence.’ (21)

–It is valid for the recording of succession property in the relevant register, subject to the limits laid down in Regulation No 650/2012 and as interpreted by the Court. (22)

32.The certificate does not, in itself, have any other consequences: in particular, it does not have the binding legal effect associated with a judgment. (23) Furthermore, Recital 71 of Regulation No 650/2012 makes clear that the certificate is not an enforceable title.

33.The lack of binding legal effect is also clear in the rules on the circulation of the certificate in Member States other than the issuing State. Chapter VI of Regulation No 650/2012 does not provide that it may or should be ‘recognised’. (24) Under Article 69(1), the certificate ‘shall produce its effects’ without any procedure. (25) There are no grounds for objection to circulation of the certificate in the wording of the regulation. (26)

Activities of the authority which issues the certificate under Article 67 of Regulation No 650/2012.

34.Pursuant to the first subparagraph of Article 67(1) of Regulation No 650/2012, the authority must issue the certificate without delay ‘when the elements to be certified have been established …’ The certificate is issued following the examination (of the application) provided for by Article 66 of the regulation.

35.In accordance with that article, the authority must verify the information and declarations, and the documents and other evidence provided by the applicant. (27)

36.To that end, Article 66: i) refers to powers which that authority has, which are granted by its own law; (28) ii) grants it other powers; (29)

and iii) imposes on it directly the duty to take steps to make public (limited to specific recipients) the application for a certificate.

37.In connection with that duty, the authority must ‘hear any person involved and any executor or administrator and make public announcements aimed at giving other possible beneficiaries the opportunity to invoke their rights’ if it considers it necessary in order to confirm aspects which it is requested to certify.

38.If, after an examination of all those matters, the authority considers that the elements to be included in the certificate have been established, it must issue the certificate ‘without delay’ in accordance with Article 67(1) of Regulation No 650/2012.

39.However, if the issuing authority has doubts about those elements it must not issue the certificate. The certificate’s contents will not have been established and therefore it will not be capable of producing the effects provided for in Article 69 of the regulation. Further, in accordance with point (a) of the second subparagraph of Article 67(1) of Regulation No 650/2012, the authority must not issue the certificate if the elements to be certified are being challenged.

40.The role of the issuing authority is not merely passive: it does not consist of receiving declarations of facts or expressions of wishes which are to be mechanically transferred to a form for that purpose. The authority is required to confirm the truth of the applicant’s assertions, in the light of the evidence produced by the applicant and, where applicable, of other information which the authority itself gathers or which is notified to it by other persons having an interest in the succession.

41.However, it is not for the authority to which the application for the certificate is made to grant or determine the rights and powers of those seeking to benefit from or having an interest in the succession, resolving possible disputes between them concerning substantive matters.

42.That is so because the provisions of Chapter VI (‘European Certificate of Succession’) of Regulation No 650/2012 do not grant that power to national authorities which issue the certificate. Further, it is not possible to conclude that, in the context of Article 67, national legal systems have been given the option to supplement the regulation by allocating the task of dispute resolution to those authorities. The allocation of that task without any accompanying procedural rules would be inconsistent with the intention of creating an autonomous and uniform regime for the issue of the certificate.

43.If the issuing authority were to have that power (to decide on disputes), its activities would lead to a ‘decision’ within the meaning of Article 3(1)(g) and Chapter IV of Regulation No 650/2012. However, in line with the EU legislature’s intention, the certificate does not have the binding legal effects that are typical of a judicial decision.

44.The European Certificate of Succession is not comparable to the certificates provided for in other instruments on judicial cooperation in civil and commercial matters, in relation to which other references for a preliminary ruling were submitted to and resolved by the Court of Justice, once any uncertainties regarding their inadmissibility were ruled out.

45.In connection with the European enforcement order, the Court held that ‘the procedure for the certification of a court decision as a European Enforcement Order appears … not as a procedure which is distinct from the earlier judicial procedure, but as the final phase of that procedure, necessary in order to ensure that it is fully effective, by allowing the creditor to proceed with the recovery of his debt.’

46.The certification of a court decision as a European Enforcement Order is a judicial act and the national court responsible for issuing it ‘is entitled to refer questions to the Court for a preliminary ruling’.

47.The same applies to the certificate provided for by Article 53 of Regulation (EU) No 1215/2012, which ensures the circulation of the judicial decision of one Member State in other Member States. The task of the court which issues the certificate ‘is continuing the previous judicial proceedings by guaranteeing the full effectiveness thereof, to the extent that, in the absence of certification, a judgment is not capable of circulating freely within the European judicial area’.

48.The procedure for the issue of a certificate under Article 53 of Regulation No 1215/2012 is judicial in character, and a national court ruling in the context of such a procedure is entitled to refer questions to the Court for a preliminary ruling.

49.On the other hand, as I have explained, the issue of a European Certificate of Succession does not involve the exercise of judicial power or result in a decision of that nature (judicial) with binding legal force.

50.The situation is no different where the certificate reproduces the contents of a (prior) judgment on the substance of the succession. Even in that case, the certificate is not a further stage of the judicial proceedings in which the decision on the substance was given.

51.Finally, the European Certificate of Succession is not the document in which a decision of the courts of one Member State is transmitted, like a passport for circulation in other Member States, with a view to its recognition and, if necessary, enforcement. With that aim in mind, the EU legislature provided for the attestation referred to in Article 46(3)(b) of Regulation No 650/2012, using a form for that purpose (Form I, set out in Annex 1 to Implementing Regulation No 1329/2014).

52.In summary, the certificate takes effect in Member States other than the issuing State without the need for any procedure and without any right of challenge or scrutiny. If the decision given in a dispute were included, that decision would benefit, through the certificate, from a procedure for recognition which not only differed from that laid down in Chapter IV, but was also privileged, the parallel existence of which is not referred to anywhere and is not justified.

Effects of the characteristics of the European Certificate of Succession on the admissibility of the reference for a preliminary ruling

53.An authority which issues a certificate under Article 67 of Regulation No 650/2012 records in that certificate certain matters relating to the succession, once it has conducted the examination required by Article 66 of the regulation.

The issuing authority’s conclusion concerns the truth of the information stated by the applicant and its compatibility with the legislation applicable to the succession. However, as I pointed out above, that authority is not vested with the power, in that context, to settle any disputes which may arise in connection with the substance of the succession. (

44

)

If the issuing authority is unable to grant rights or powers in proceedings leading to a decision having binding legal effect, it is not acting in a judicial capacity in that connection. (

45

)

The foregoing is not precluded by the fact that, as Article 64 of Regulation No 650/2012 states, the body issuing the certificate may be a ‘court’ within the meaning of Article 3(2), and also another authority competent to deal with successions under its national law. (

46

)

The fact that the authority which issues a European Certificate of Succession may be a court does not mean that that court is acting in a judicial capacity when it issues the certificate. A court of a Member State may, independently of its strictly judicial functions, exercise other functions of a non-judicial nature. In the context of the latter, that court is not entitled to refer questions to the Court of Justice for a preliminary ruling. (

47

)

The reference to that ‘other’ authority seems to me to indicate that the issue of a European Certificate of Succession (under Article 67 of Regulation No 650/2012) does not involve the exercise of judicial power. Otherwise, the separate reference to that authority would be unnecessary, for Article 3(2) of Regulation No 650/2012 already classifies authorities that are not formally part of the judiciary as courts where they are exercising judicial functions. (

48

)

The fact that Article 64 (‘Competence to issue the Certificate’) of Regulation No 650/2012 refers to Articles 4, 7, 10 and 11 of the regulation should not be misleading. The reference to competence does not define the (judicial or non-judicial) nature of the actions of the issuing authority: (

49

) it merely clarifies where and to whom the application for the certificate should be made. (

50

)

Finally, my view is borne out by the judgment of 16 November 2023, (

51

) in which the Court rejected the argument that Spanish notaries exercise official authority acting as courts because they issue European Certificates of Succession. (

52

)

In the light of the above, I believe that the reference for a preliminary ruling should be declared inadmissible. However, in case the Court does not agree with that view, I shall propose answers to the questions which have been referred to it.

Question 1

The referring court requests an interpretation of point (a) of the second subparagraph of Article 67(1) of Regulation No 650/2012 in order to determine, in short, whether it refers to challenges raised in a procedure other than the procedure for the issue of the certificate or whether it also covers challenges which, as a result of the application for the certificate itself, are raised by persons having an interest in the succession. In the latter case, the referring court seeks to ascertain whether the issuing authority has competence to examine those challenges.

The question has been referred for a preliminary ruling in a case in which, as already stated, the testator’s son and grandchildren have raised a challenge to a key element of the succession (the validity of the will itself). In my view, that challenge means that point (a) of the second subparagraph of Article 67(1) of Regulation No 650/2012 applies and that it is not possible to issue the certificate.

That it is not possible to issue the certificate is confirmed by the fact that, on the form which has to be used for the European Certificate of Succession in accordance with Implementing Regulation No 1329/2014, the issuing authority is mandatorily required to declare that none of its elements have been challenged.

I accept that it is not possible to give an unequivocal answer to the first question merely in the light of the wording of the text, since it does not specify the authority before which the elements to be certified (

53

) must be challenged, and the language versions are open to different interpretations:

–

some suggest that the challenge (dispute) is underway at the time when the application for the certificate is made, which would indicate that the challenge has been raised in different proceedings; (

54

)

–

others suggest that the challenge is raised after the application for the certificate and in the same court. (

55

)

A systematic analysis sheds some more light. A combined reading of point (a) of the second subparagraph of Article 67(1) and Article 65(3)(l) of Regulation No 650/2012 suggests that the former provision covers, from the outset, the disputes to which Article 65 refers, that is disputes pending in another court. (

56

)

Point (b) of the second subparagraph of Article 67(1), which refers to decisions external to the proceedings for production of the certificate, leads to the same conclusion. It is reasonable to conclude that those decisions may include decisions covering elements relating to the subsequent certificate of succession.

In the light of the first subparagraph of Article 67(1) of Regulation No 650/2012, I am inclined to the view that point (a) of the second subparagraph must also cover challenges brought before the issuing authority, since, otherwise, it would be possible for that authority to issue a certificate containing elements ‘which have not been established’, contrary to the requirements of that provision. (

57

)

Therefore, in order to determine whether the fact that the operating resources, namely the buses, were not transferred precludes the classification as a transfer of an undertaking, the referring court must take account of the particular circumstances of the case before it.

A comparison of the wording of Article 65(3)(l) of Regulation No 650/2012 (which stipulates that there must be ‘no dispute … pending relating to the elements to be certified’) with that of point (a) of the second subparagraph of Article 67(1), which uses, in general, broader terms, seems to me to be an additional argument to that effect. (58)

In addition, the aim of Regulation No 650/2012, in general, and the purpose of the European Certificate of Succession, in particular, support an interpretation of point (a) of the second subparagraph of Article 67(1) to the effect that it includes challenges raised in the course of the procedure for the issue of the certificate.

The certificate was created in the interests of enabling ‘a succession with cross-border implications … to be settled speedily, smoothly and efficiently’. (59) It therefore contributes to the removal of ‘obstacles to the free movement of persons who currently face difficulties in asserting their rights in the context of a succession having cross-border implications.’ (60)

In order to achieve those aims, the EU legislature attributed to the certificate the legal effects described above, which apply in Member States other than the issuing State without the need for any procedure or scrutiny.

JUDGMENT OF 6. 3. 2025 – CASE C-41/24 WALTHAM ABBEY RESIDENTS ASSOCIATION

after considering the observations submitted on behalf of:

–Waltham Abbey Residents Association, by J. Devlin, Senior Counsel, J. Kenny, Barrister-at-Law, and D. Healy, Solicitor,

–An Bord Pleanála, by. B. Foley, Senior Counsel, A. Carroll, Barrister-at-Law, and P. Reilly, Solicitor,

–Ireland, by M. Browne, Chief State Solicitor, S. Finnegan, K. Hoare and A. Joyce, acting as Agents, and by D. McGrath, Senior Counsel, F. Valentine, Senior Counsel, and E. O’Callaghan, Barrister-at-Law,

–the European Commission, by M. Noll-Ehlers and N. Ruiz García, acting as Agents,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1This request for a preliminary ruling concerns the interpretation of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ 2012 L 26, p. 1), as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 (OJ 2014 L 124, p. 1) (‘Directive 2011/92’).

2The request has been made in proceedings between, on the one hand, Waltham Abbey Residents Association and, on the other hand, An Bord Pleanála (Planning Board, Ireland; ‘the Board’), Ireland and the Attorney General (Ireland), concerning authorisation granted by the Board for a strategic residential housing development.

Legal context

European Union law

Directive 2011/92

3Recitals 7 to 9 of Directive 2011/92 state:

‘(7) Development consent for public and private projects which are likely to have significant effects on the environment should be granted only after an assessment of the likely significant environmental effects of those projects has been carried out. …

(8) Projects belonging to certain types have significant effects on the environment and those projects should, as a rule, be subject to a systematic assessment.

(9) Projects of other types may not have significant effects on the environment in every case and those projects should be assessed where the Member States consider that they are likely to have significant effects on the environment.’

4Article 2(1) of that directive provides:

‘Member States shall adopt all measures necessary to ensure that, before development consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects on the environment. Those projects are defined in Article 4.’

5Under Article 3(1) of that directive:

‘The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of a project on the following factors:

…

(b) biodiversity, with particular attention to species and habitats protected under [Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7), as amended by Council Directive 2013/17/EU of 13 May 2013 (OJ 2013 L 158, p. 193) (“Directive 92/43”)] and Directive 2009/147/EC [of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ 2010 L 20, p. 7)];

…’

6Article 4 of Directive 2011/92 provides:

‘1. Subject to Article 2(4), projects listed in Annex I shall be made subject to an assessment in accordance with Articles 5 to 10.

(a) a case-by-case examination;

(b) thresholds or criteria set by the Member State.

Member States may decide to apply both procedures referred to in points (a) and (b).

Where a case-by-case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2, the relevant selection criteria set out in Annex III shall be taken into account. Member States may set thresholds or criteria to determine when projects need not undergo either the determination under paragraphs 4 and 5 or an environmental impact assessment, and/or thresholds or criteria to determine when projects shall in any case be made subject to an environmental impact assessment without undergoing a determination set out under paragraphs 4 and 5.

Where Member States decide to require a determination for projects listed in Annex II, the developer shall provide information on the characteristics of the project and its likely significant effects on the environment. The detailed list of information to be provided is specified in Annex IIA. The developer shall take into account, where relevant, the available results of other relevant assessments of the effects on the environment carried out pursuant to Union legislation other than this Directive. The developer may also provide a description of any features of the project and/or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

The competent authority shall make its determination, on the basis of the information provided by the developer in accordance with paragraph 4 taking into account, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to Union legislation other than this Directive. The determination shall made available to the public and:

(a) where it is decided that an environmental impact assessment is required, state the main reasons for requiring such assessment with reference to the relevant criteria listed in Annex III; or

(b) where it is decided that an environmental impact assessment is not required, state the main reasons for not requiring such assessment with reference to the relevant criteria listed in Annex III, and, where proposed by the developer, state any features of the project and/or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

Member States shall ensure that the competent authority makes its determination as soon as possible and within a period of time not exceeding 90 days from the date on which the developer has submitted all the information required pursuant to paragraph 4. In exceptional cases, for instance relating to the nature, complexity, location or size of the project, the competent authority may extend that deadline to make its determination; in that event, the competent authority shall inform the developer in writing of the reasons justifying the extension and of the date when its determination is expected.’

7Annex II.A of that directive contains the list of ‘information to be provided by the developer on the projects listed in Annex II’. That list reads as follows:

‘1. A description of the project, including in particular:

(a) a description of the physical characteristics of the whole project and, where relevant, of demolition works;

(b) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected.

3. A description of any likely significant effects, to the extent of the information available on such effects, of the project on the environment resulting from:

(a) the expected residues and emissions and the production of waste, where relevant;

(b) the use of natural resources, in particular soil, land, water and biodiversity.

8Annex III to that directive sets out the ‘criteria to determine whether the projects listed in Annex II should be subject to an environmental impact assessment’.

Directive 2014/52

9Recitals 11 and 29 of Directive 2014/52 state:

‘(11) The measures taken to avoid, prevent, reduce and, if possible, offset significant adverse effects on the environment, in particular on species and habitats protected under [Directive 92/43] and Directive 2009/147 …, should contribute to avoiding any deterioration in the quality of the environment and any net loss of biodiversity, in accordance with the [European] Union’s commitments in the context of the [United Nations Convention on Biological Diversity, signed in Rio de Janeiro on 5 June 1992,] and the objectives and actions of the Union Biodiversity Strategy up to 2020 laid down in the [Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions] of 3 May 2011 entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’ [(COM(2011) 244 final)]

…

(29) When determining whether significant effects on the environment are likely to be caused by a project, the competent authorities should identify the most relevant criteria to be considered and should take into account information that could be available following other assessments required by Union legislation in order to apply the screening procedure effectively and transparently. In this regard, it is appropriate to specify the content of the screening determination, in particular where no environmental impact assessment is required. Moreover, taking into account unsolicited comments that might have been received from other sources, such as members of the public or public authorities, even though no formal consultation is required at the screening stage, constitutes good administrative practice.’

Directive 92/43

10Article 6(3) of Directive 92/43 provides:

‘Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.’

11Article 12(1) of that directive provides:

‘Member States shall take the requisite measures to establish a system of strict protection for the animal species listed in Annex IV(a) in their natural range, prohibiting:

(a) all forms of deliberate capture or killing of specimens of these species in the wild;

(b) deliberate disturbance of these species, particularly during the period of breeding, rearing, hibernation and migration;

(c) deliberate destruction or taking of eggs from the wild;

(d) deterioration or destruction of breeding sites or resting places.’

12Point (a) of Annex IV to that directive mentions ‘all species’ of bats belonging to the suborder of ‘microchiroptera’.

Irish law

must be interpreted as meaning that where, in the context of a screening procedure carried out under that provision, a third party has provided the competent authority with objective evidence as regards the potential significant effects of that project on the environment, in particular on a species protected under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Council Directive 2013/17/EU of 13 May 2013, that authority must ask the developer to provide it with additional information and take that information into account before deciding whether or not an environmental impact assessment is necessary for that project. However, where, despite the observations submitted to that authority by a third party, the competent authority is able to rule out, on the basis of objective evidence, the possibility that the project in question is likely to have significant effects on the environment, that authority may decide that an environmental impact assessment is not necessary, without being required to ask the developer to provide it with additional information.

Gratsias

Passer

Smulders

Delivered in open court in Luxembourg on 6 March 2025.

Registrar

President of the Chamber

ECLI:EU:C:2025:140

15

In the event that the reply to the first question is in the affirmative, the referring court asks the Court whether any challenge, even if it has not been substantiated, justifies a refusal to issue the certificate under point (a) of the second subparagraph of Article 67(1) of Regulation No 650/2012.

87.That provision is silent regarding the importance of such a challenge. It may be deduced, therefore, that, in principle, the issuing authority is required to examine any challenge to elements of the certificate raised by interested parties or beneficiaries of the succession.

88.If there is no serious basis for the challenge and it therefore lacks any cogency under the applicable law, it can hardly prevent the issuing authority from considering that the elements it is required to certify have been established for the purposes of Article 67(1) of Regulation No 650/2012.

89.Refusal to issue the document because an essential element of the certificate has been challenged, without the slightest basis for that challenge having been put forward, would be liable to frustrate the proceedings without any real grounds, thereby unfairly depriving the heirs, legatees, executors of the will or administrators of the estate of an effective instrument for the settlement of a succession having cross-border implications.

90.However, it is possible that the challenge is such that, as a result, the issuing authority feels that subsequent enquiries are necessary, pursuant to Article 66(1) of the regulation, in order to confirm the information and declarations of the applicant. Whether or not that is the case can only be answered in the light of the circumstances of each case.

Question 4

91.The referring court has submitted its fourth question in the event that the reply to the first question is in the negative. Should the Court, in line with what I propose, answer the first question in the affirmative, it will not need to reply to the fourth question. In any event, I shall examine that question.

92.The referring court asks about the form in which it must state the reasons that led it to reject the challenges and to issue the European Certificate of Succession.

93.It should be recalled that the issuing authority must use Form V, provided for in Annex 5 to Implementing Regulation No 1329/2014. The use of that form enables a European Certificate of Succession issued in one Member State to be identified immediately as such in any other Member State.

94.Article 68 of Regulation No 650/2012 provides for information which, transferred to the corresponding sections of the form, must be included in the certificate. The contents of the certificate may vary depending on the purposes for which it is issued.

95.Form V does not provide for an indication of the reasoning on which the issuing authority bases its view that the elements which it certifies have been established. The EU legislature did not consider it necessary for the certificate to set out that reasoning in order for its objective to be fulfilled.

96.Heirs, legatees, administrators or executors of the estate who use the certificate must not (and, in fact, may not) attach any other documents to the form.

97.Those rules are consistent with the activities which precede the issue of the certificate and with the effects that it produces in relation to the administration of a succession with cross-border implications. In accordance with Articles 66 and 67 of Regulation No 650/2012, the issuing authority does not decide on the substance of the succession, adopting a reasoned decision which it includes in the European Certificate of Succession so that it may be recognised in other Member States.

Conclusion

98.In the light of the foregoing considerations, I propose that the Court of Justice declare that the request for a preliminary ruling from the Amtsgericht Lörrach (Local Court, Lörrach, Germany) is inadmissible.

In the alternative, I propose that the Court reply to that court in the following terms:

Point (a) of the second subparagraph of Article 67(1) 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 an authority required to issue a European Certificate of Succession must examine any challenges raised in the procedure for issuing the certificate by persons having an interest in the succession, in order to establish the elements to be certified by it.

It is not possible to issue a European Certificate of Succession which includes elements that are inconsistent with an earlier final judgment.

It is not possible to issue a European Certificate of Succession where a challenge to a key element of the succession, such as the validity of the will, has been raised in the procedure for issuing that certificate, if that challenge has been substantiated to the minimum degree required under the applicable law.

An issuing authority is not required to set out in a European Certificate of Succession the reasons which led it to issue that certificate.

* * *

(1) Original language: Spanish.

(i) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2) Regulation 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). Regulation No 650/2012 does not apply in Ireland or in Denmark; any reference in this Opinion to ‘Member States’ must be taken to exclude those two countries.

(3) I shall also refer to it below as ‘the certificate’ where it is not necessary to differentiate it from other documents used for certification.

(4) Judgments of 1 March 2018, Mahnkopf (C‑558/16, EU:C:2018:138); of 21 June 2018, Oberle (C‑20/17, EU:C:2018:485); of 17 January 2019, Brisch (C‑102/18, EU:C:2019:34); of 1 July 2021, Vorarlberger Landes- und Hypothekenbank (C‑301/20).

EU:C:2021:528

; and of 9 March 2023, Registrų centras (C‑354/21, EU:C:2023:184); ‘judgment in Registrų centras’.

Commission Implementing Regulation (EU) of 9 December 2014 establishing the Forms referred to in Regulation (EU) No 650/2012 (OJ 2014 L 359, p. 30).

At the hearing, the representative of E. V. G.-T. explained that the estate includes immovable property and bank accounts in Germany and in other Member States.

In the referring court’s view, P. T.’s son and grandchildren only claimed that the testator was occasionally confused, which is not sufficient to assume testamentary incapacity or to confirm that challenge by further investigation. In order to assume testamentary incapacity, specific facts should have been adduced from which it was possible to conclude that there were defects that impaired the testator’s will to such an extent that he no longer understood the meaning and consequences of a will.

A number of signatures of the testator were submitted to the referring court: only one, from 1956, is different. All signatures after that year match the signature on the will.

Paragraph 10 et seq. of its written observations. At the hearing, the German Government argued that the reference is admissible, pointing out that the Court tends to give a broad interpretation of Article 267 TFEU. In support of its position, the German Government also relied on the judgment of 9 September 2021, RK (Declining of jurisdiction) (C‑422/20, EU:C:2021:718). The Commission, for its part, stated that the reply depends on which powers national legal systems have granted to the authorities responsible for issuing the European Certificate of Succession. I set out my views on those positions below; see, in particular, footnotes 17, 23 and 49.

See point 57 and footnote 47 of this Opinion. In matters of succession, specifically, see the order of 1 September 2021 in OKR (Reference for a preliminary ruling from a notary acting as a deputy for another notary) (C‑387/20, EU:C:2021:751), paragraph 21.

Order of 1 September 2021 in OKR (Reference for a preliminary ruling from a notary acting as a deputy for another notary) (C‑387/20, EU:C:2021:751), paragraph 23.

Loc. cit., paragraph 24, and the case-law cited.

Judgments of 21 June 2018, Oberle (C‑20/17, EU:C:2018:485), paragraph 46, and in Registrų centras, paragraph 40. The European Certificate of Succession is not similar either to certificates which, under other regulations on cooperation in civil and commercial matters, accompany a judicial decision of one Member State for the purposes of the recognition and enforcement of that decision in another Member State. See point 44 et seq. below.

Article 63(1) of Regulation No 650/2012.

Article 62(2) of Regulation No 650/2012.

The nature of those effects, and the fact that they are identical in any Member State, makes it necessary to reject the interpretation put forward by the Commission at the hearing in relation to the admissibility of the reference for a preliminary ruling, which I reproduced above in footnote 10. Acceptance of that interpretation would mean that the European Certificate of Succession had different effects depending on the Member State of production and that, possibly, such effects would be those inherent to a judicial decision. There is no basis for any of that in Regulation No 650/2012; rather, it conflicts with the intention of the EU legislature to create a uniform regime for the certificate.

Article 63 and Article 69(2) of Regulation No 650/2012. Recital 71 of the regulation describes that proof as ‘accurate’; other language versions also include the corresponding adjective in Article 69(2). The regulation contains rules on rectification, modification or withdrawal of the certificate, and also rules for challenging the decision to issue the certificate (or, as the case may be, not to do so). However, it does not state what evidence is capable of overturning the presumption of accuracy associated with the document. See footnote 20 below.

Article 69(1) of Regulation No 650/2012. It is possible to challenge a certificate containing material errors or because it establishes matters the veracity of which is disputed; this must be done in the State of origin of the document, before the authorities indicated in Articles 71 and 72 of the regulation. That centralisation ensures unity in the treatment of every European Certificate of Succession. It should be recalled that the certificate, as such, does not circulate: it is kept by the issuing authority which is responsible for issuing certified copies and, should the need arise, for informing persons to whom those copies are provided that they are not the same as the original (Article 70(1) and Article 71(3) of Regulation No 650/2012).

Article 69(3) and (4) of Regulation No 650/2012.

Article 69(5), and judgment in Registrų centras.

The absence of those features should be a sufficient basis for refuting the position maintained by the German Government at the hearing, at which that government itself accepted the need, for the purposes of Article 267 TFEU, for the referring body’s actions to culminate in a decision of a judicial nature.

See Chapter IV, relating to ‘decisions’ within the meaning of Article 3(1)(g) of Regulation No 650/2012. In the case of European instruments for judicial cooperation, the term ‘recognition’ is reserved for the binding legal effects that apply to decisions of a judicial nature (and, specifically in relation to marriage breakdown, of certain authentic instruments and agreements: see Chapter IV of Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) (OJ 2019 L 178, p. 1); judgment of 15 November 2022, Senatsverwaltung für Inneres und Sport (C‑646/20, EU:C:2022:879), paragraph 21).

EU:C:2022:879

Nor is it ‘accepted’, as occurs, pursuant to Article 59 of Regulation No 650/2012, in the case of an authentic instrument issued in one Member State, the evidentiary effects of which are invoked in another Member State. The unity of the regime and the effects of the European Certificate of Succession render unnecessary such ‘acceptance’, which does apply to other instruments.

Not even where it is clearly contrary to public policy in the Member State where the certificate is produced.

Article 66(1) of Regulation No 650/2012. In the light of Articles 65 and 68 of that regulation, the verification concerns, in part, simple details and facts relating to the deceased, the applicant or other beneficiaries: see Article 68(e), (f), (g) and (h) of that regulation. Other details on the certificate require a syllogism in order to establish, for example, that the right or power asserted by the applicant is, in fact, the effect provided for in the applicable law.

Article 66(1) and (3) of Regulation No 650/2012.

Article 66(2) of Regulation No 650/2012.

Article 66(4) of Regulation No 650/2012.

Loc. cit. The reason and purpose of that ‘hearing’ are, clearly, limited.

On the meaning of the term ‘challenged’ in point (a) of the second subparagraph of Article 67(1) of Regulation No 650/2012, which varies between the different language versions, see point 62 et seq. of this Opinion.

On what the activity involves, see footnote 27 of this Opinion.

Or the necessary procedural apparatus. Compare the ‘procedural’ rules and ‘procedural’ guarantees for the issue of the certificate (inter alia, Article 66(4) of Regulation No 650/2012) with those of other regulations, such as Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ 2007 L 199, p. 1), or Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ 2006 L 399, p. 1).

Which is the justification for the arrangements for its smooth circulation between Member States.

Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (OJ 2004 L 143, p. 15).

Judgment of 16 June 2016, Pebros Servizi (C‑511/14, EU:C:2016:448, paragraph 29).

Loc. cit., paragraph 30.

Regulations laying down a procedure for the recognition and enforcement of judgments without any intermediate proceedings, and without any right to object to the circulation of the judgment, ensure the rights of the defence by laying down themselves minimum procedural guarantees which do not exist in Regulation No 650/2012 for the purposes of production of the European Certificate of Succession. See, for example, the guarantees laid down in the regulations cited in footnote 34 of this Opinion.

In other words, in connection with the elements which it is required to certify or other closely related elements, such as, in the present case, the alleged invalidity of the will on the grounds of the testator’s lack of capacity or the forgery of his signature.

(46) Member States may entrust the issue of European Certificates of Succession to courts in general, and in accordance with the second subparagraph of Article 72(2) of Regulation No 650/2012, that is, after a challenge is raised against an issuing authority’s refusal to issue a certificate under Article 67 which ends with a finding that that refusal was unjustified. A certificate issued by a court after the resolution of a challenge is not to be confused with that decision.

(47) This was confirmed by the Court in relation to references made by Austrian courts examining an application for registration of a contract for the sale of immovable property in the land register (judgment of 14 June 2001, Salzmann (C‑178/99, EU:C:2001:331)) or ruling on the obligation to disclose the annual accounts and the annual report (judgment of 15 January 2002, Lutz and Others (C‑182/00, EU:C:2002:19)). Also in that connection, with regard to the activities of Italian courts relating to the confirmation of the memorandum of association of a company (judgment of 19 October 1995, Job Centre (C‑111/94, EU:C:1995:340)) or an application for inclusion of a debt in the liabilities (judgment of 19 April 2012, Grillo Star Fallimento (C‑443/09, EU:C:2012:213)). The German courts do not act in a judicial capacity either when they rule on the appointment of an additional liquidator in respect of the assets (order of 12 January 2010 in Amiraike Berlin (C‑497/08, EU:C:2010:5)) or on the entry in the commercial register of the transfer of a company’s registered office (order of 10 July 2001 in HSB-Wohnbau (C‑86/00, EU:C:2001:394)).

(48) See recital 20 of Regulation No 650/2012 and judgment of 23 May 2019, WB (C‑658/17, EU:C:2019:444), paragraph 53.

(49) In the judgment of 9 September 2021, RK(Declining of jurisdiction) (C‑422/20, EU:C:2021:718), the Court interpreted Articles 6 and 7 of Regulation No 650/2012 in a case the background to which was the (lack of) jurisdiction of the German courts to issue a declaration of succession and, possibly, also a European Certificate of Succession. At the hearing, the German Government referred to paragraph 37 of that judgment to argue that the German authority which issues a European Certificate of Succession is a court or tribunal within the meaning of Article 267 TFEU. In my opinion, the judgment merely clarifies the operation of a rule laid down for the purposes of ruling on the succession, which Article 64 of Regulation No 650/2012 extends to the issue of the European Certificate of Succession for the reasons that I explain in the next footnote. I can find no support in that judgment for inferences of any other kind.

(50) The use, for the purposes of issuing the certificate, of the same geographical criteria as those which underpin international jurisdiction guarantees that, most of the time, the issuing authority is required only to consult its own law when verifying that the elements it has to certify are (legally) correct. The rule is also aimed at ensuring that, in general, there is only one issuing authority and, therefore, one European Certificate of Succession; if there are several, which, because they serve different purposes, include different annexes, it is aimed at ensuring consistency between them. It also enables the same court in the same Member State to decide on matters of substance in relation to the succession and, in the light of decisions adopted in that connection, to hear any challenges to the decision to issue or not to issue a European Certificate of Succession.

(51) Judgment in NC(Transfer of a Spanish notary’s office) (C‑583/21 to C‑586/21, EU:C:2023:872).

(52) The Court stated in paragraph 50 of that judgment that ‘the competence of Spanish notaries to issue European Certificates of Succession … does not equate to the exercise of such powers, either. It is apparent … from Article 67(1)(a) of the said regulation that the said certificates cannot be issued if the elements to be certified are being challenged.’

(53) Nor does the compulsory form published as Annex 5 to Implementing Regulation No 1329/2014 in the 24 official languages of the European Union.

(54) Thus, in Spanish, German and English: ‘son objeto de un recurso’, ‘anhängig sind’ and ‘are being challenged’.

(55) In the French version, ‘si les éléments à certifier sont contestés’; in the Portuguese, ‘forem objeto de contestação’; and in the Italian, ‘sono oggetto di contestazione’.

(56) At the time when the application for the certificate is submitted. For the same reason, point (a) of the second subparagraph of Article 67(1) of Regulation No 650/2012 must also include any disputes which commence during the processing of the certificate.

(57) A certificate thus issued would be vitiated by uncertainty from the time of its issue, since, in accordance with Article 71(2) of Regulation No 650/2012, it must be modified or withdrawn, including of the issuing authority’s own motion if that is possible under national law, ‘where it has been established that the Certificate or individual elements thereof are not accurate.’

(58) Article 65(3)(l) reads ‘no dispute is pending’, ‘aucun litige … n’est pendant’, ‘kein Rechtsstreit in Bezug auf den zu bescheinigenden Sachverhalt anhängig ist’, ‘non vi sono controversie pendenti’; ‘nu există cauze pendinte referitoare la elementele care urmează să fie atestate’; point (a) of the second subparagraph of Article 67(1) reads ‘the elements to be certified are being challenged’, ‘si les éléments à certifier sont contestés’, ‘wenn Einwände gegen den zu bescheinigenden Sachverhalt anhängig sind’, ‘gli elementi da certificare sono oggetto di contestazione’, ‘elementele care trebuie certificate fac obiectul unei contestații’.

(59) Recital 67 of Regulation No 650/2012.

(60) Recital 7 of Regulation No 650/2012 and judgment in Registrų centras, paragraphs 41 and 42.

(61) With the limited aim of satisfying the authority of the truth of that which is to be certified.

(62) In that connection, see judgment of 16 November 2023, NC(Transfer of a Spanish notary’s office) (C‑583/21 to C‑586/21, EU:C:2023:872).

paragraph 50 of which I reproduced in footnote 52 of this Opinion.

Point 86 et seq. below.

I stress that the issue of a European Certificate of Succession which reflects the contents of a prior judicial decision on the substance of the succession must not be misleading as to the nature of the document: see points 50 to 52 above.

There is no definition of ‘decision’ for the purposes of Article 67; I therefore conclude that the definition in Article 3(1)(g) of Regulation No 650/2012 also applies here.

Paragraphs 20 and 22 of the Commission’s observations (‘endgültige’, ‘bestands- beziehungsweise rechtskräftige[n]’) and paragraph 33 of the German Government’s observations ((‘gegen die kein ordentlicher Rechtsbehelf (Artikel 42 EuErbVO) mehr eingelegt werden kann)’. At the hearing, the Spanish Government agreed with that view.

As the representative of E. V. G.-T. stated at the hearing, a national certificate like that issued in Germany on 24 July 2023 is not a final decision.

Article 67(1) of Regulation No 650/2012 and judgment in Registrų centras, paragraph 46, which cites the judgment of 17 January 2019, Brisch (C‑102/18, EU:C:2019:34, paragraph 30).

Judgment in Registrų centras, paragraph 45. The form consists of a cover and annexes, which must be filled in depending on the circumstances of the case and the purpose for which the certificate is requested. Provision is made for the use of additional sheets where two or more sets of particulars are to be set out because there is more than one applicant for the certificate, more than one representative of the applicant, more than one disposition of property on death, more than one matrimonial property regime or equivalent of the deceased, or more than one heir, legatee, executor of the will or administrator of the estate.

I am not ruling out that knowledge of the issuing authority’s thoughts on the evidence submitted by the applicant and any challenges raised by other persons may be of interest for the purposes of raising the challenge provided for in Article 72(1) of Regulation No 650/2012: when challenging the decision of the issuing authority (to issue or not to issue the certificate), that authority’s assessment of whether the contents of the certificate have been established is indirectly refuted.

Any addition to the certificate would disrupt its common appearance, which is precisely what enables its circulation in different Member States.

Compare this with Article 46(3) of Regulation No 650/2012. Anyone applying for the recognition of a judgment of one Member State in another Member State must provide a certified copy of that judgment. That is the only way it is possible to perform the (limited) scrutiny, which, where appropriate, would justify a refusal to recognise the judgment under Article 40.

The certification of judgments is, as I stated, provided for in Article 46(3) of Regulation No 650/2012. Annex I to Implementing Regulation No 1329/2014 contains the form for that purpose.