Redress procedures [European Regulation in matters of international successions]

Redress procedures

This part refers to Article 72^[1] of the Regulation.

Any person entitled to apply for an ECS and demonstrating a legitimate interest may challenge any decision given by the issuing authority before a judicial authority in the Member State of the issuing authority in accordance with the law of that State.

If the authority that is seised confirms that the ECS is not accurate, the competent judicial authority will rectify, modify or withdraw the ECS or ensure that the issuing authority re-examines the file and gives another decision.

Notes

Article 72
Redress procedures
1. Decisions taken by the issuing authority pursuant to Article 67 may be challenged by any person entitled to apply for a Certificate.
  Decisions taken by the issuing authority pursuant to Article 71 and point (a) of Article 73(1) may be challenged by any person demonstrating a legitimate interest.
  The challenge shall be lodged before a judicial authority in the Member State of the issuing authority in accordance with the law of that State.
2. If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not accurate, the competent judicial authority shall rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority.
  If, as a result of a challenge as referred to in paragraph 1, it is established that the refusal to issue the Certificate was unjustified, the competent judicial authority shall issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.