Language of document :

Judgment of the Court (Second Chamber) of 21 June 2018 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — proceedings brought by Vincent Pierre Oberle

(Case C-20/17) 1

(Request for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 650/2012 — Article 4 — General jurisdiction of a court of a Member State to rule on the succession as a whole — National legislation governing international jurisdiction to issue national certificates of succession — European Certificate of Succession)

Language of the case: German

Referring court

Kammergericht Berlin

Party to the main proceedings

Appellant: Vincent Pierre Oberle

Operative part of the judgment

Article 4 of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which provides that, although the deceased did not, at the time of death, have his habitual residence in that Member State, the courts of that Member State are to retain jurisdiction to issue national certificates of succession, in the context of a succession with cross-border implications, where the assets of the estate are located in that Member State or the deceased was a national of that Member State.

____________

1 OJ C 112, 10.4.2017.