Primeira interpretação do regulamento europeu de sucessões: comentários ao acordão TJUE C 218/16 – segunda seção

Abstract

On July 4, 2012, the European Union took another step in the process known as “Europeization of Private International Law”, by adopting Regulation 650/2012 on international successions. The first test within the Community jurisdiction occurred in a preliminary ruling by the Gorzów Wielkopolski Regional Court (Poland) before the Court of Justice of the European Union, concerning the interpretation of provisions relating to the substantive scope of the Regulation. In particular, it questioned the Court’s interpretation of the applicable law for the effects of legacies established under foreign law. The present study aims to investigate the Decision CJEU C 218/16 - Second Section. In order to do so, the facts of the case will be presented, the general lines of Regulation 650/2012 with respect to its scope, as well as the relations between the law applicable to the succession and the rights in rem. Finally, comments will be made on the decision, which has a great value on the possibility of transnational succession planning.