This document is an excerpt from the EUR-Lex website
Document 62020CN0301
Case C-301/20: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 7 July 2020 — UE, HC v Vorarlberger Landes- und Hypothekenbank AG
Case C-301/20: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 7 July 2020 — UE, HC v Vorarlberger Landes- und Hypothekenbank AG
Case C-301/20: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 7 July 2020 — UE, HC v Vorarlberger Landes- und Hypothekenbank AG
IO C 313, 21.9.2020, p. 13–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
21.9.2020 |
EN |
Official Journal of the European Union |
C 313/13 |
Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 7 July 2020 — UE, HC v Vorarlberger Landes- und Hypothekenbank AG
(Case C-301/20)
(2020/C 313/16)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Appellants: UE, HC
Respondent: Vorarlberger Landes- und Hypothekenbank AG
Intervening party: Verlassenschaft des VJ
Question referred
1. |
Is Article 70(3) of Regulation (EU) No 650/2012 of the European Parliament and of the Council 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 (‘the EU Succession Regulation’) (1) to be interpreted as meaning that a copy of the certificate issued for an indefinite duration without indicating an expiry date, contrary to that provision,
|
2. |
Is Article 65(1) of the EU Succession Regulation, read in conjunction with Article 69(3) thereof, to be interpreted as meaning that the certificate produces effects in favour of all persons who are mentioned on the certificate by name as heirs, legatees, executors of wills or administrators of the estate, with the result that even those who have not applied for the issue of the certificate themselves can use that certificate pursuant to Article 63 of the EU Succession Regulation? |
3. |
Must Article 69 of the EU Succession Regulation, read in conjunction with Article 70(3) thereof, be interpreted as meaning that the legitimising effect of the certified copy of a certificate of succession must be recognised if it was still valid when it was first submitted but expired before the requested decision of the authority, or does that provision not preclude national law if the latter requires the certificate to be valid even at the time of the decision? |