Effectiveness in Germany of foreign vindication legacies : Comments to the CJEU judgement of 10 December 2017 in case C-218/16 - Kubicka

Opracowanie służy analizia orzeczenia TSUE C-218/16 z dnia 12 października 2017 r. w sprawie Kubicka

This contribution analyses the ruling by the Court of Justice of the European Union addressing the issue as to whether provisions 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 permitting refusal to recognise the material effects of a legacy by vindication (legatum per vindicationem), as provided for by Polish succession law, if that legacy concerns the right of ownership of immovable property located in a Member State the law of which does not provide for legacies having direct material effect, such as Germany. The authors present and analyse the CJUE judgment according to which pursuant to Regulation (EU) No 650/2012 the materials effects of a legacy by vindication must be recognized in Member States the laws of which do not provide for legatum per vindicationem. The authors agree with the CJUE judgment.