Application of the EU Succession Regulation in practice: The case of Latvia and beyond

Abstract

The practical application of the EU Succession Regulation has built momentum also in Latvia, recently resulting in a very thought-provoking case before Latvian courts on allegedly wrongful assumption of jurisdiction, determination of applicable law and the issuing, and consequential suspension and withdrawal, of a European Certificate of Succession. In a case that is considered the first hands-on matter on the application and interpretation of the EU Succession Regulation before Latvian courts, the ability of the national issuing authority and subsequently also judicial authority correctly to apply and interpret the EU Succession Regulation was put to test. The case provides a cautionary example of the relative uncertainty pertaining to the use of “habitual residence” as a connecting factor for establishing jurisdiction and determining applicable law under the EU Succession Regulation. Considering that it was only a short step away from a reference to the CJEU for a preliminary ruling, the case bears relevance also to a broader public.