CJEU Specifies Requirements for the European Certificate of Succession
In its judgment of 22 October 2026 in Case C‑873/24 “Marwanak”, the Court of Justice of the European Union (CJEU) commented on the interpretation of Art. 68 point (l) of Regulation (EU) No 650/2012 (EU Succession Regulation). The focus was on the question of what information a European Certificate of Succession must contain where real property forming part of the estate is located in another Member State and registration of ownership in the land register there is sought.
The proceedings concerned a request for a preliminary ruling submitted by the Bundesgerichtshof (BGH, Federal Court of Justice). The starting point was the legal complaint proceedings IV ZB 41/23, preceded by decisions of the Amtsgericht Fürth (Local Court of Fürth) and the Oberlandesgericht Nürnberg (Higher Regional Court of Nuremberg). The CJEU clarified that, under certain conditions, the issuing authority is obliged to describe the immovable asset concerned in the European Certificate of Succession in such a way that it can be identified.
Background to the Main Proceedings
Succession with a Cross-Border Element
The deceased had his last habitual residence in Germany and died on 5 October 2015. His daughter died on 5 January 2019, and his wife on 21 February 2022. The estate included, among other assets, real property located in the Czech Republic.
On 1 March 2013, the deceased and his wife had made a joint will. In it, they appointed each other as sole heirs of the first to die; the daughter was to be the sole heir of the last to die. The applicants in the main proceedings were the children of the deceased’s late daughter.
On 27 April 2023, they applied to the Amtsgericht Fürth for the issue of a European Certificate of Succession. Among other things, it was intended to identify the deceased’s wife as his sole heir and to name the applicants as heirs of the wife’s heirs, each with a share of one fifth. In addition, they requested that the real property located in the Czech Republic be expressly included in the certificate.
Decisions of the German Courts
By decision of 19 July 2023, the Amtsgericht Fürth refused to expressly include the Czech real property in the European Certificate of Succession. The Oberlandesgericht Nürnberg upheld that refusal by decision of 11 December 2023.
In the view of the Oberlandesgericht, an entry of individual estate assets merely for information purposes was contradicted by the fact that such information did not participate in the presumption of accuracy and protection of legitimate expectations under Regulation No 650/2012. In addition, the issuing authority was not obliged to verify whether the deceased had been the owner of a specific asset at the time of death.
The applicants pursued their request in legal complaint proceedings before the Bundesgerichtshof. The Bundesgerichtshof considered the interpretation of Art. 68 point (l) of Regulation No 650/2012 to still require clarification, even after the CJEU’s decision in Case C‑354/21 “Registrų centras”.
The Questions Referred by the Bundesgerichtshof
Description of Real Property in the European Certificate of Succession
The Bundesgerichtshof first sought to know whether Art. 68 point (l) of Regulation No 650/2012 requires a European Certificate of Succession to contain the details relating to real property that are required under the law of the state where the property is located. This concerned the case in which the heir requests the inclusion of those details for the purpose of registration as owner in the land register of the state where the property is located, and registration solely on the basis of the certificate is possible under that law only if the real property is described in it.
Significance of Universal Succession
The Bundesgerichtshof further asked whether the answer to that question depends on the fact that, under the applicable succession law, the transfer of the estate takes place by way of universal succession. Under § 1922 Abs. 1 BGB (German Civil Code), upon the death of a person, that person’s assets pass as a whole to the heir or heirs.
Supplementary Documents in the State Where the Property Is Located
Finally, the question was whether registration can also be obtained without a European Certificate of Succession describing the real property if the law of the state where the property is located permits registration by means of a further document. According to the Czech provisions described by the Bundesgerichtshof, a supplementary declaration by the heir or, after the heir’s death, by the heirs of that heir could be considered.
Legal Framework of the Decision
Purpose of the European Certificate of Succession
Under Regulation No 650/2012, the European Certificate of Succession is intended to make it easier for heirs, legatees having direct rights in the estate, and executors of wills or administrators of the estate to demonstrate their status or powers in another Member State.
It may be used in particular to prove the following circumstances:
- the status and rights of an heir mentioned in the certificate,
- the heir’s share of the estate,
- the allocation of a specific estate asset to a person mentioned in the certificate,
- the powers of an executor of a will or an administrator of the estate.
Under Art. 69(5) of Regulation No 650/2012, the certificate constitutes a valid document for the recording of estate property in a register of a Member State. This applies, however, without prejudice to the exceptions set out in Art. 1(2) points (k) and (l).
Register Law Remains Excluded
Regulation No 650/2012 covers succession to the estates of deceased persons, but excludes certain matters from its scope. These include, in particular, the nature of rights in rem and the recording in a register of rights in movable or immovable property, including the legal requirements for such recording and the effects of such recording.
For registration in a land register, the law of the Member State in which the register is kept therefore generally remains decisive. In the case of immovable property, this is the law of the state where the property is located.
CJEU Decision on the First Question
Obligation to Identify the Real Property
The CJEU held that Art. 68 point (l) of Regulation No 650/2012 must be interpreted as meaning that the issuing authority is obliged to include information identifying an immovable asset forming part of the estate in the European Certificate of Succession if certain conditions are met.
This obligation exists where:
- the asset is located in a Member State other than the state in which the certificate is issued,
- the applicants request the issue of the certificate for the purpose of registering ownership of that asset in the land register of the other Member State,
- the legislation of that other Member State requires the information to be included in the certificate,
- registration solely on the basis of the European Certificate of Succession is possible only if that information is included.
The Court thus attached decisive importance to the purpose for which the European Certificate of Succession is requested.
Significance of Art. 68 Point (l)
Art. 68 of Regulation No 650/2012 governs the content of the European Certificate of Succession. Under point (l), the certificate contains the share of each heir in the estate and, where appropriate, the list of rights and assets to which a given heir is entitled, insofar as this is required for the purpose for which the certificate is issued.
The CJEU pointed out that the expression “where appropriate” is not limited to cases in which, where there are several co-heirs, a specific asset is allocated to an individual heir. Rather, the description of a specific estate asset may also be necessary in other situations if the purpose of the certificate so requires.
No Evidentiary Force Regarding the Deceased’s Ownership
At the same time, the CJEU emphasised that the evidentiary force of the European Certificate of Succession does not extend to the question of whether a specific asset actually belonged to the deceased. That question does not fall within the scope of Regulation No 650/2012.
The register authorities of the Member State in which the register is kept may examine whether the deceased’s right in the estate property referred to in the certificate is registered as such or is otherwise proven under the law of that state. However, this does not eliminate the issuing authority’s obligation to identify the asset.
Decision on Universal Succession
German Succession Law Does Not Alter the Obligation
On the second question, the CJEU held that the universal succession provided for under the applicable succession law does not release the issuing authority from the obligation to identify the immovable asset in the European Certificate of Succession.
Even if, under the applicable succession law, the deceased’s assets pass to the heirs as a whole, the decisive factor remains whether inclusion of the information is required for the purpose of the certificate. This applies in particular where registration of ownership of real property located in another Member State is to be obtained solely on the basis of the certificate and the exact description of the property is required for that purpose under the law of the state where it is located.
Uniform Application of the Regulation
The CJEU noted that the European Certificate of Succession is an instrument of EU law with its own rules. Its content must not depend on the specific features provided for by the national succession law applicable in each case.
A different approach could undermine the objective of the Regulation, namely to simplify cross-border succession cases within the Union and to make it easier for heirs to exercise their rights in other Member States.
Decision on Supplementary Documents
Supplementary Documents Do Not Replace the Obligation
On the third question, the CJEU held that the issuing authority is not exempt from the obligation to include the identifying information merely because the law of the state where the property is located may also permit registration by means of a supplementary document.
It is therefore not decisive whether, under the national law of the register state, an additional declaration or other document may be submitted in addition to a European Certificate of Succession without a description of the real property. The decisive factor remains whether the information in the certificate is required for the purpose requested.
Objective of Simplification
In this respect, the Court relied on the purpose of Regulation No 650/2012. The European Certificate of Succession is specifically intended to enable heirs to prove their rights in another Member State in a simple manner. If an incomplete certificate were to result in the need to provide further documents, this could run counter to the function of the certificate.
The CJEU acknowledged that the law of the register state may require additional information or documents. However, it does not follow from this that the issuing authority may refrain from including the information required under Art. 68 point (l).
Assessment of the Decision
Significance for Cross-Border Estates
The decision concerns in particular estates that include real estate in several Member States. It makes clear that the European Certificate of Succession must not be considered separately from the purpose for which it is requested.
If the certificate is to be used for a land register entry in the state where the property is located, the specific description of the real property may be required. The issuing authority must then include the information that enables the asset to be identified, provided the further conditions are met.
Relationship Between Succession Law and Register Law
The judgment also shows the distinction between the law applicable to succession and the law of the state in which the register is kept. The transfer of assets to the heirs is governed by the law applicable to the succession. By contrast, the requirements and effects of registration in a land register are determined by the register law of the Member State concerned.
This separation is significant for the practical handling of cross-border estates. The European Certificate of Succession may be a valid document for register entries, but it must contain the information required under the Regulation if it is to be used for that purpose.
Key Statements of the CJEU
The CJEU essentially summarised its answers as follows:
- Art. 68 point (l) of Regulation No 650/2012 obliges the issuing authority to include information that makes identifiable real property forming part of the estate and located in another Member State, where this is required under the law of that Member State for a land register entry solely on the basis of the certificate.
- Universal succession under the applicable succession law does not remove this obligation.
- The possibility of submitting supplementary documents in the state where the property is located likewise does not release the issuing authority from this obligation.
The Court thereby strengthens the function of the European Certificate of Succession as an instrument for handling cross-border succession cases, without removing the competence of the register state for the requirements of registration.
Advice on International Succession Cases
Cross-border estates can raise significant coordination issues between the succession law, register law and procedural law of different Member States. This applies in particular where real estate abroad is involved and a European Certificate of Succession is to be used for land register entries.
MTR Legal Rechtsanwälte advises companies, investors and high-net-worth private individuals on succession-law matters with an international dimension. Further information can be found under Legal advice in succession law.
