In matters of jurisdiction

Fundamental

The rules of jurisdiction contained in the Regulation apply only in the Member States bound by the Regulation. The same applies to the provisions on lis pendens and related actions.

Example

  • If the deceased resided in France and opted for the Belgian law of his nationality, the French judge may decline jurisdiction pursuant to Article 6[1] of the Regulation.

  • If the deceased resided in France and opted for the Brazilian law of his nationality, the French judge may not decline jurisdiction pursuant to Article 6[1] of the Regulation.

  • If the French and then Belgian courts are seised successively with a dispute in matters of succession, the rules on lis pendens contained in the Regulation are applied.

  • If the French and then English courts are seised successively with a dispute in matters of succession, the rules on lis pendens contained in the Regulation are applied in France.

It might be imagined that none of the grounds for jurisdiction contained in the Regulation is fulfilled in a Member State, the ordinary rules of conflict will apply. However, the Regulation has been drafted in such a way that it leaves no place for internal rules of jurisdiction.