Request for a preliminary ruling from the Obvodní soud pro Prahu 1 (Czech Republic), represented by an authorised court commissioner notary in Prague, lodged on 6 February 2024 – L. P and Others
(Case C-98/24, Koda) 1
Language of the case: Czech
Referring court
Obvodní soud pro Prahu 1
Parties to the main proceedings
L.P.
A.K.
R.K.
R.F. von K.-K.
Questions referred
Must the provisions of Article 83(3) and (4) of Regulation No 650/2012, in conjunction with Article 3(1)(d) of Regulation No 650/2012, 1 be interpreted as meaning that the term disposition of property upon death includes a declaration of disinheritance?
If the first question is answered in the affirmative, must Article 83(4) of Regulation No 650/2012 be interpreted as meaning that if, before 17 August 2015, the testator made several dispositions of property upon death that were in accordance with the law that the testator could have chosen in accordance with Regulation No 650/2012, is the law deemed to have been chosen as the law applicable to the succession that law under which the testator last made a disposition upon death before 17 August 2015?
Must Article 26(2) of Regulation No 650/2012 be interpreted as meaning that, if the testator’s capacity to make a disposition was restricted due to the making of a disposition of property upon death before 17 August 2015 under the law that governed his or her succession as a whole, and if a subsequent change of that law has resulted in changes to the conditions for the exercise of his or her capacity to make a disposition, the testator’s capacity to make a disposition continues to be restricted in accordance with the law that would have been applicable to that testator’s succession if he or she had died on the day on which the agreement as to succession was concluded, regardless of the fact that, according to the law governing his or her succession as a whole at the time of death, the testator was entitled to terminate (revoke or modify) that agreement as to succession?
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1 The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
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).