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Case C-617/20: Judgment of the Court (Fifth Chamber) of 2 June 2022 (request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen — Germany) — Proceedings brought by T.N., N.N. (Reference for a preliminary ruling — Judicial cooperation in civil matters — Measures relating to the law on succession — Regulation (EU) No 650/2012 — Articles 13 and 28 — Validity of the declaration concerning the waiver of succession — Heir resident in a Member State other than that of the court having jurisdiction to rule on the succession — Declaration made before the court of the Member State in which that heir has his or her habitual residence)
ECLI:EU:UNKNOWN:62020CA0617
62020CA0617
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25.7.2022
Official Journal of the European Union
C 284/8
(Case C-617/20) (1)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Measures relating to the law on succession - Regulation (EU) No 650/2012 - Articles 13 and 28 - Validity of the declaration concerning the waiver of succession - Heir resident in a Member State other than that of the court having jurisdiction to rule on the succession - Declaration made before the court of the Member State in which that heir has his or her habitual residence)
(2022/C 284/06)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: T.N., N.N.
Other party: E.G.
Operative part of the judgment
Articles 13 and 28 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 a declaration concerning the waiver of succession made by an heir before a court of the Member State of his or her habitual residence is regarded as valid as to form in the case where the formal requirements applicable before that court have been complied with, without it being necessary, for the purposes of that validity, for that declaration to meet the formal requirements of the law applicable to the succession.
(1) OJ C 53, 15.2.2021.