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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

News

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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The EAPIL Winter School 2026: Values in Private International Law

As has become tradition, the European Association of Private International Law (EAPIL) will be hosting a Winter School in Como, from 2 to 6 February 2026. The general topic of the upcoming edition is Values in Private International Law.

The teaching staff will consist of Laura Carpaneto (University of Genoa), Javier Carrascosa González (University of Murcia), Maria Asunción Cebrian Salvat (University of Murcia), Gilles Cuniberti (EAPIL President, University of Luxembourg), Sara De Vido (Ca’ Foscari University of Venice), Stefano Dominelli (University of Genova), Cristina González Beilfuss (University of Barcelona), Thomas Kadner Graziano (University of Geneva), Eva Maria Kieninger (University of Würzburg), Silvia Marino (University of Insubria and coordinator of the Winter School), Johan Meeusen (University of Antwerp), Nadia Rusinova (The Hague University, Attorney at law), Veronica Ruiz Abou-Nigm (University of Edinburgh), Erik Sinander (Stockholm University), Sara Tonolo (University of Padua), Geert van Calster (KU Leuven), Hans van Loon (HCCH Former Secretary General), and Anna Wysocka-Bar (Jagiellonian University in Kraków).

The University of Insubria will host the 2026 edition, as it did in 2024 and 2025 (see here and here), in cooperation with University of Murcia and the Jagiellonian University in Kraków.

Those interested in attending the Winter School must apply by 20 January 2026 by completing the online form available here.

More information is available here.

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