De nuevo sobre el régimen específico de renuncia a la herencia en el Reglamento (UE) 650/2012Sentencia del Tribunal de Justicia 30 de marzo de 2023, Asunto C‐651/21

Resumen

The Judgment of the European Court of Justice of 30 March 2021 (in Case C‐651/21) rules that article 13 of Regulation (EU) No 650/2012 must be interpreted as not precluding, after a heir has already had registered with the court of the Member State of his o her habitually residence his or her declaration of acceptance or of waiver of the succession of a deceased person whose last habitual residence was in another Member State, another heir from applying for a subsequent registration of that declaration with the court having jurisdiction of the latter Member State.The following comment reflects a critical attitude towards the insufficient Court position in the face of a clearly improvable regulation