Case law of the ECJ

ECJ , judgement of. 16.07.2020 - C-80/19 (habitual residence, European Certificate of Succession)

ECJ (Third Chamber), judgement of. 12.10.2023 - C-21/22 - Exclusion of the choice of law by a third-country national resident in an EU Member State in the case of agreements taking precedence under Art. 75 EU Succession Regulation

CJEU (Tenth Chamber), judgment of 30 March 2023 - C-651/21 (Declaration of waiver of an inheritance by an heir before the court of the Member State of his habitual residence - Subsequent entry of that declaration in the register of another Member State)

ECJ of 1 March 2018 - C-558/16 (Mahnkopf) : (Qualification of the lump-sum increase in the statutory inheritance share of the surviving spouse)

ECJ, Order of 17 July 2023 - C-55/23 (No obligation of a lower court of instance to follow an interpretation contrary to EU law by a higher court (here: Poland) with regard to subsidiary jurisdiction)

ECJ, order of 14 June 2017 - C-67/17 (Iliev) : (Interpretation of the concept of „matrimonial property regime“)

ECJ, judgement of. 1 July 2021 - C-301/21 (European Certificate of Succession, validity of a certified copy)

ECJ, judgement of. 12.10.2017 - C-218/16 - (Kubicka) : (Property law effects of a legacy of vindication ordered under Polish inheritance law with regard to land located in Germany)

ECJ, judgement of. 17.01.2019 - C-102/18 : (Obligation to use the official form for the application for a European Certificate of Succession)

ECJ, judgement of. 2.6.2022 - C -617/20 (Conditions for the validity of an intestate succession declared before the court of a Member State)

ECJ, judgement of. 21 June 2018 - C-20/17 - (Oberle) : (International jurisdiction to issue a German certificate of inheritance where the deceased's last habitual residence was in another Member State)

ECJ, judgement of. 22.12.2010 - C-497/10 : [Habitual residence of legally incompetent persons (child)]

ECJ, judgement of. 9.9.2021 - C-277/20 (Contract in favour of third parties inheritance contract within the meaning of the EU Succession Regulation; choice of law before the entry into force of the EU Succession Regulation)

ECJ, judgement of 21.12.2021 - C -394/20- (Limited tax liability: Reduction of tax-free amount in accordance with EU law, but limited deduction of estate liabilities contrary to EU law)

ECJ, judgement of 9 September 2021 - C -277/20- (choice of law for inheritance contracts and gifts)

Inheritance law Düsseldorf

Gottschalk Attorneys at Law

Kaiser-Friedrich-Ring 7
40545 Düsseldorf

Tel: 0211 / 550 84 35-0
Fax: 0211 / 550 84 35-1
E-Mail: info@gottschalk-erbrecht.de

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