The CJEU delivered today its judgment in case C‑658/17 (WB intervener: Przemysława Bac, acting in her capacity as notary), which is about Article 3 Succession Regulation:

“1. The second subparagraph of Article 3(2) of Regulation (EU) No 650/2012 […] must be interpreted as meaning that failure by a Member State to notify the Commission of the exercise of judicial functions by notaries, as required under that provision, is not decisive for their classification as a ‘court’.

The first subparagraph of Article 3(2) of Regulation No 650/2012 must be interpreted as meaning that a notary who draws up a deed of certificate of succession at the unanimous request of all the parties to the procedure conducted by the notary […] does not constitute a ‘court’ within the meaning of that provision and, consequently, Article 3(1)(g) of that regulation must be interpreted as meaning that such a deed does not constitute a ‘decision’ within the meaning of that provision.

2. Article 3(1)(i) of Regulation No 650/2012 is to be interpreted as meaning that a deed of certification of succession […] drawn up by a notary at the unanimous request of all the parties to the procedure conducted by the notary, constitutes an ‘authentic instrument’ within the meaning of that provision, which may be issued at the same time as the form referred to in the second subparagraph of Article 59(1) of that regulation, which corresponds to the form set out in Annex 2 to Implementing Regulation No 1329/2014”.

Source: here

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