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CJEU in Albausy on (in)admissibility of questions for a preliminary ruling under Succession Regulation

Picture: E.S. Pannebakker, Adobe Firefly

In a recent ruling, the CJEU adds another layer to the ongoing discussion on which national authorities can submit questions for preliminary rulings under the Succession Regulation, and its nuanced interpretation of what constitutes a ‘court.’

Albausy (Case C-187/23, ECLI:EU:C:2025:34, January 25, 2025) evolves around the question of competence to submit a request for preliminary ruling under the Succession Regulation (Regulation 650/2012 on matters of succession and the creation of a European Certificate of Succession).

Although the CJEU finds that the request in that case is inadmissible, the decision is noteworthy because it confirms the system of the Succession Regulation. Within the regulation, the competence to submit questions for preliminary ruling is reserved for national courts that act as judicial bodies and are seized with a claim over which they have jurisdiction based on Succession Regulation’s rules on jurisdiction.

The opinion of Advocate General Campos Sánchez-Bordona is available here.

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A Judgment is a Judgment? How (and Where) to Enforce Third-State Judgments in the EU After Brexit

In the wake of the CJEU’s controversial judgment in H Limited (Case C-568/22), which appeared to open a wide backdoor into the European Area of Justice through an English enforcement judgments (surprisingly considered a ‘judgment’ in the sense of Art. 2(a), 39 Brussels Ia by the Court), international law firms had been quick to celebrate the creation of ‘a new enforcement mechanism‘ for non-EU judgments.

As the UK had already completed its withdrawal from the European Union when the decision was rendered, the specific mechanism that the Court seemed to have sanctioned was, of course, short-lived. But crafty judgment creditors may quickly have started to look elsewhere.

In a paper that has just been published in a special issue of the Journal of Private International Law dedicated to the work of Trevor Hartley, I try to identify the jurisdictions to which they might look. Read more

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Call for Abstracts for Emerging Scholars: Digitalisation of Justice, University of Groningen, 29 May 2026

Dr. Benedikt Schmitz (University of Groningen), the organiser of the upcoming symposium ‘Digitalisation of Justice: Perspectives from Germany and the Netherlands’, has kindly shared this Call for Abstracts for emerging scholars with us.

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Save the date: 11th Journal of Private International Law Conference, 1–3 April 2027 in Zurich

With the 10th Journal of Private International Law Conference successfully concluded, preparations for the next, 11th Journal of Private International Law Conference in Zurich are already underway.

Please save the date: 1–3 April 2027.

The conference organizers Tanja Domej (University of Zurich) and Christiane von Bary (University of Zurich), and the editors of the Journal, Paul Beaumont (University of Stirling) and Jonathan Harris (King’s College London), are looking forward to welcoming you in Switzerland!

ZVglRWiss – Zeitschrift für Vergleichende Rechtswissenschaft 3/2025

ZVglRWiss – Zeitschrift für Vergleichende Rechtswissenschaft 3/2025

A new issue of ZVglRWiss – Zeitschrift für Vergleichende Rechtswissenschaft is now available and includes contributions on EU private law, comparative law, private international law, and individual European private law regimes.

The full table of content can be accessed here.

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