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Case C-21/22, OP (Choice of the law of a third state for succession): Judgment of the Court (Third Chamber) of 12 October 2023 (request for a preliminary ruling from the Sąd Okręgowy w Opolu — Poland) — OP v Notariusz Justyna Gawlica (Reference for a preliminary ruling — Judicial cooperation in civil matters — National law applicable in matters of succession — Regulation (EU) No 650/2012 — Article 22 — Choice-of-law clause — Scope ratione personae — Third-country national — Article 75 — Relationship with existing international conventions — Bilateral agreement between the Republic of Poland and Ukraine)
ECLI:EU:UNKNOWN:62022CA0021
62022CA0021
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Official Journal of the European Union
Series C
C/2023/932
27.11.2023
(Case C-21/22, (1) OP (Choice of the law of a third state for succession))
(Reference for a preliminary ruling - Judicial cooperation in civil matters - National law applicable in matters of succession - Regulation (EU) No 650/2012 - Article 22 - Choice-of-law clause - Scope ratione personae - Third-country national - Article 75 - Relationship with existing international conventions - Bilateral agreement between the Republic of Poland and Ukraine)
(C/2023/932)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: OP
Defendant: Notariusz Justyna Gawlica
Other party to the proceedings: Marcin Margoński
Operative part of the judgment
1.Article 22 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 third-country national residing in a Member State of the European Union may choose the law of that third State as the law governing his or her succession as a whole.
2.Article 75 of Regulation No 650/2012, read in conjunction with Article 22 of that regulation,
must be interpreted as not precluding — where a Member State of the European Union has concluded, before the adoption of that regulation, a bilateral agreement with a third State which designates the law applicable to succession and does not expressly provide for the possibility of choosing another law — a national of that third State, residing in the Member State in question, from not being able to choose the law of that third State to govern his or her succession as a whole.
* * *
Language of the case: Polish.