4 Competence of the issuing authority

The grounds of jurisdiction are aligned on the jurisdiction rules set out in Articles 4, 7, 10 and 11 of the Regulation

Advice

When it is seised to issue an ECS, the issuing authority must, of its own motion, check its jurisdiction to issue the instrument.

It is advised to indicate in the succession file or in point 4.2 of the form the objective elements on the basis of which it considers itself competent.

It should be remembered that the competent authority is not bound by the claims of the applicants if it considers that other criteria contradict the said claims.

Fundamental

The issuing authority is located in the Member State whose courts have jurisdiction to settle the successions in accordance with Articles 4, 7, 10 and 11 of the Regulation