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The Court of Justice of the European Union: about the notion of “authentic instrument” and “decision”

  • 04/06/2019

The Court of Justice of the European Union, in the Judgement of 23rd May 2019, in Case C‑658/17, has stated that Article 3, par. 1, letter i), of Regulation No 650/2012 is to be interpreted as meaning that a deed of certification of succession, such as that at issue in the main proceedings, drawn up by a notary at the unanimous request of all the parties to the procedure conducted by the notary, constitutes an “authentic instrument” within the meaning of that provision.

Consequently, Article 3, par. 1, letter g), of that regulation must be interpreted as meaning that such a deed does not constitute a “decision” within the meaning of that provision.

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