Nekrošius Vytautas, Matters of Cross-Border Implications and the Concept of Court in the Succession Case under EU Regulation 650/2012

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Opublikowano: PPC 2022/2/287-299
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Matters of Cross-Border Implications and the Concept of Court in the Succession Case under EU Regulation 650/2012

Keywords: concept of court, EU succession Regulation, EU civil procedure

1.Introduction

On 4 November 2020, the Supreme Court of Lithuania (the „SCL”) adopted the ruling in civil case No e3K-3-422-378/2020 essential to the application of the EU Succession Regulation in the case-law. The ruling focuses on the relevant matters of the application of the Regulation, i.e. with regard to the concept of the case with cross-border implications and habitual residence as well as the concept of the court used in the Regulation and its application to the notaries of Lithuania. In this case, the SCL applied to the CJEU preliminary judgment of 16 July 2020 , which provided interpretations on all said matters. The article deals with the conclusions drawn in both the preliminary judgment of the CJEU and rulings of the SCL and sets out the interpretations of the definitions used in the Regulation. The succession proceedings with cross-border implications became more complicated in Lithuania as a result of the...

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