The European Court of Justice, in the Case C‑218/16 – 12 October 2017, in the proceedings brought by Aleksandra Kubicka, intervening party: Przemysława Bac, issued a judgment on the scope of the Regulation (EU) No 650/2012 (Succession and the European Certificate of Succession), stating that:
- Article 1(2)(k) and (l) and Article 31 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 precluding refusal, by an authority of a Member State, to recognise the material effects of a legacy ‘by vindication’, provided for by the law governing succession chosen by the testator in accordance with Article 22(1) of that regulation, where that refusal is based on the ground that the legacy concerns the right of ownership of immovable property located in that Member State, whose law does not provide for legacies with direct material effect when succession takes place.
