Official Journal of the European Union
Judgment of the Court (Fifth Chamber) of 7 April 2022 (request for a preliminary ruling from the Cour de cassation — France) — V A, Z A v TP
(Case C-645/20) (1)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 650/2012 - Article 10 - Subsidiary jurisdiction in matters of succession - Deceased person habitually resident at the time of his or her death in a State that is not bound by Regulation (EU) No 650/2012 - Deceased person who is a national of a Member State and has assets in that Member State - Obligation for the court of that Member State seised to examine of its own motion the criteria as regards its subsidiary jurisdiction - Appointment of an administrator of the estate)
Language of the case: French
Cour de cassation
Parties to the main proceedings
Appellants in the appeal on a point of law: V A, Z A
Respondent in the appeal on a point of law: TP
Operative part of the judgment
Article 10(1)(a) 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 meaning that a court of a Member State must raise of its own motion its jurisdiction under the rule of subsidiary jurisdiction referred to in that provision where, having been seised on the basis of the rule of general jurisdiction established in Article 4 of that regulation, it finds that it has no jurisdiction under that latter provision.
(1) OJ C 53, 15.2.2021.