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Case C-55/23, Jurtukała: Order of the Court (Tenth Chamber) of 17 July 2023 (request for a preliminary ruling from the Sąd Rejonowy Szczecin — Prawobrzeże i Zachód w Szczecinie — Poland) — PA (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Questions the answer to which may be clearly deduced from the Court’s existing case-law — Jurisdiction, applicable law, recognition and enforcement of decisions, acceptance and enforcement of authentic instruments in matters of succession, and creation of a European Certificate of Succession — Regulation (EU) No 650/2012 — Article 10(1)(a) — Subsidiary jurisdiction — Article 267 TFEU — Obligation to comply with the directions of a higher court)
ECLI:EU:UNKNOWN:62023CB0055
62023CB0055
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11.9.2023
Official Journal of the European Union
C 321/18
(Case C-55/23, (<span class="oj-super oj-note-tag">1</span> Jurtukała (<span class="oj-super oj-note-tag">2</span>))
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Questions the answer to which may be clearly deduced from the Court’s existing case-law - Jurisdiction, applicable law, recognition and enforcement of decisions, acceptance and enforcement of authentic instruments in matters of succession, and creation of a European Certificate of Succession - Regulation (EU) No 650/2012 - Article 10(1)(a) - Subsidiary jurisdiction - Article 267 TFEU - Obligation to comply with the directions of a higher court)
(2023/C 321/21)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: PA
Other party: MO
Operative part of the order
Article 10(1)(a) 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 rule of subsidiary jurisdiction laid down by that provision applies only where the habitual residence of the deceased at the time of death was located in a Member State not bound by that regulation or in a third State.
EU law, in particular Article 267 TFEU, must be interpreted as precluding a national court, ruling following the setting aside by a higher court of a decision which it delivered, from being bound, in accordance with national procedural law, by the legal rulings of that higher court, where those rulings are inconsistent with EU law, as interpreted by the Court.
Date lodged: 3.2.2023.
The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.