Suspension of the effects of the ECS [European Regulation in matters of international successions]

Suspension of the effects of the ECS

This part refers to Article 73^[1] of the Regulation.

The effects of the Certificate may be suspended by:

The issuing authority, at the request of any person demonstrating a legitimate interest, pending a modification or withdrawal of the Certificate pursuant to Article 71^[2].
The judicial authority, at the request of any person entitled to challenge a decision taken by the issuing authority.

Effects of the suspension

The issuing authority or judicial authority shall without delay inform all persons to whom certified copies of the Certificate have been issued.

During the suspension of the effects of the Certificate no further certified copies of the Certificate may be issued.

Notes

Article 73
Suspension of the effects of the Certificate
1. The effects of the Certificate may be suspended by:
  - a) the issuing authority, at the request of any person demonstrating a legitimate interest, pending a modification or withdrawal of the Certificate pursuant to Article 71; or
  - b) the judicial authority, at the request of any person entitled to challenge a decision taken by the issuing authority pursuant to Article 72, pending such a challenge.
2. The issuing authority or, as the case may be, the judicial authority shall without delay inform all persons to whom certified copies of the Certificate have been issued pursuant to Article 70(1) of any suspension of the effects of the Certificate.
  During the suspension of the effects of the Certificate no further certified copies of the Certificate may be issued.
Article 71
Rectification, modification or withdrawal of the Certificate
1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, rectify the Certificate in the event of a clerical error.
2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate.
3. The issuing authority shall without delay inform all persons to whom certified copies of the Certificate have been issued pursuant to Article 70(1) of any rectification, modification or withdrawal thereof.