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Case C-291/23, Hantoch: Judgment of the Court (Fifth Chamber) of 7 November 2024 (request for a preliminary ruling from the Landgericht Düsseldorf – Germany) – LS v PL (Reference for a preliminary ruling – Jurisdiction in civil matters – Regulation (EU) No 650/2012 – Article 10(1) – Subsidiary jurisdiction in matters of succession – Deceased person habitually resident in a third State at the time of death – Criterion of the location of the assets of the estate in a Member State – Decisive point in time – Assessment at the time of death)
ECLI:EU:UNKNOWN:62023CA0291
62023CA0291
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Official Journal of the European Union
C series
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C/2025/40
(Case C-291/23,
Hantoch)
(Reference for a preliminary ruling - Jurisdiction in civil matters - Regulation (EU) No 650/2012 - Article 10(1) - Subsidiary jurisdiction in matters of succession - Deceased person habitually resident in a third State at the time of death - Criterion of the location of the assets of the estate in a Member State - Decisive point in time - Assessment at the time of death)
(C/2025/40)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: LS
Defendant: PL
Operative part of the judgment
Article 10(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, in order to determine whether the subsidiary jurisdiction of the courts of the Member State in which assets of the estate are located may be exercised, in order to rule on the succession as a whole, it is necessary to examine whether those assets were located in that Member State not at the time those courts were seised, but rather at the time of death.
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ELI: http://data.europa.eu/eli/C/2025/40/oj
ISSN 1977-091X (electronic edition)
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(*1) Language of the case: German.
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