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Request for a preliminary ruling from the Notary in Krapkowice Justyna Gawlica - Krapkowice (Poland) lodged on 27 March 2024 – N.T. and Others

(Case C-240/24, BNP Paribas Fortis)

Language of the case: Polish

Referring court

Notariusz w Krapkowicach Justyna Gawlica – Krapkowice

Parties to the main proceedings

N.T., O.T., S.T., BNP Paribas Fortis SA/NY

Questions referred

Must Article 71(2) of Regulation (EU) No 650/2012 ¹ of the European Parliament and of the Council be interpreted as meaning that in the current proceedings to withdraw or modify a European Certificate of Succession that has been issued, the non-judicial authority issuing the certificate of succession is entitled to refer a question for a preliminary ruling pursuant to Article 267 of the TFEU?

and if the answer to that question is in the affirmative:

Does Article 71(2) of the above regulation allow for the costs of proceedings to withdraw or modify a European Certificate of Succession to be charged, based on national law, to a bank that was not a participant in the proceedings to issue this certificate, has not filed an application for its withdrawal or modification, but has questioned the legitimation effects of the certificate presented to it in such a way that has led to the issuing authority of its own motion starting proceedings to withdraw or modify the certificate, conducted with the participation of that bank?

and if the answer to that question is in the affirmative:

Must Article 69(2) of the above regulation be interpreted as meaning that the bank to which a valid certified copy of a European Certificate of Succession is presented is not entitled to challenge the status as heir of the person identified in the certificate?

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¹ 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, OJ 2012 L 201, p. 107.