Filling out the ECS
Statement
To go back over the information in the file, click on the back arrow in the top left part of the screen
Correction
General Explanation
Pursuant to Article 64[1] of the Regulation, the ECS is issued in the Member State whose courts have jurisdiction to handle the succession by virtue of the Regulation.
In the case at hand, the deceased died when he was a resident in France, in Forbach. In accordance with Article 4[2] of the Regulation, the French courts therefore have jurisdiction..
It is therefore the French authorities that should be contacted to obtain issue of the ECS.
Within the French legal order, notaries have been named as the competent authorities for the issue of the ECS, by the terms of Decree n°2015-1395.
Statement
Reference number
(enter the number, inserting “/” between the different part of the number, according to the following format: XXXX/YYYY/XX)
Correction
General Explanation
This is the nomenclature for naming/numbering ECS files, in the following format
Office number/year drafted/number of the ECS handled in the firm
Statement
Competence of the issuing authority (Article 64 of Regulation (EU) n° 650/2012)
Correction
General Explanation
Article 64[1], which determines the competent authority in ECS matters, provides that the certificate is delivered in the Member State whose courts have jurisdiction by the terms of Article 4[2] (residence of the deceased), 7 (choice of law), 10[3] (subsidiary jurisdiction) and 11[4] (forum necessitatis) of the Regulation.
The text then leaves it to the Member States to designate the competent authority within its legal order.
Correction
General Explanation
As the deceased died when a resident in France, the law applicable to his succession, in the absence of a choice of law in favour of his national law, is the French law of his residence on the date of his death, in accordance with Article 21[5] of the Regulation
Correction
General Explanation
Article 21[5] of the Regulation specifies the application of French law as the last residence of the deceased.
It is the law of a Member State. The question of a renvoi therefore does not arise.