This document is an excerpt from the EUR-Lex website
Document 62016CA0558
Case C-558/16: Judgment of the Court (Second Chamber) of 1 March 2018 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — proceedings brought by Doris Margret Lisette Mahnkopf (Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 650/2012 — Succession and European Certificate of Succession — Scope — Ability to include the surviving spouse’s share in the European Certificate of Succession)
Case C-558/16: Judgment of the Court (Second Chamber) of 1 March 2018 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — proceedings brought by Doris Margret Lisette Mahnkopf (Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 650/2012 — Succession and European Certificate of Succession — Scope — Ability to include the surviving spouse’s share in the European Certificate of Succession)
Case C-558/16: Judgment of the Court (Second Chamber) of 1 March 2018 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — proceedings brought by Doris Margret Lisette Mahnkopf (Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 650/2012 — Succession and European Certificate of Succession — Scope — Ability to include the surviving spouse’s share in the European Certificate of Succession)
OJ C 142, 23.4.2018, p. 9–9
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
23.4.2018 |
EN |
Official Journal of the European Union |
C 142/9 |
Judgment of the Court (Second Chamber) of 1 March 2018 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — proceedings brought by Doris Margret Lisette Mahnkopf
(Case C-558/16) (1)
((Reference for a preliminary ruling - Area of freedom, security and justice - Regulation (EU) No 650/2012 - Succession and European Certificate of Succession - Scope - Ability to include the surviving spouse’s share in the European Certificate of Succession))
(2018/C 142/12)
Language of the case: German
Referring court
Kammergericht Berlin
Parties to the main proceedings
Doris Margret Lisette Mahnkopf
Other party: Sven Mahnkopf
Operative part of the judgment
Article 1(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 a national provision, such as that at issue in the main proceedings, which prescribes, on the death of one of the spouses, a fixed allocation of the accrued gains by increasing the surviving spouse’s share of the estate falls within the scope of that regulation.