Aplicación de oficio de la competencia subsidiaria en el Reglamento (UE) 650/2012. A propósito del Asunto C-645/20

Abstract

The purpose of this paper is to analyse the CJEU of 7 April 2022, in which the Court examines whether the subsidiary jurisdiction provided for in Article 10.1 of the European Succession Regulation should be assessed ex officio by the requested court on the basis of another provision of the Regulation. The problem is related to the difficulties in determining the last habitual residence of the deceased, provided for as a criterion for general jurisdiction in the Regulation, especially in the case of elderly with cognitive illnesses, where the Court's conclusion may differ from that envisaged by the applicant, and also has possible implications in relation to the new droit de prélèvement in article 913 of the French Civil Code.