# The principle of the competent court

## The principle: Article 4

By the terms of recitals 23 and 24, Court jurisdiction and legislative competence coincide: the court having jurisdiction in any dispute relating to a succession is that of the Member State in which the deceased had his habitual residenceat the time of his death.

## Example

Charlotte, an Austrian national, has lived in Toledo in Spain for 30 years. She died on 1st September 2015 during a holiday in France. A dispute arises between her three children, who are Austrian residents, as to how to share out her estate. A Spanish court will have jurisdiction.

## The importance of jurisdiction rules: Article 15

According to Article 15, where a court of a Member State is seised of a succession matter over which it has no jurisdiction under this Regulation, it shall declare of its own motion that it has no jurisdiction."". The judge seised of a European succession must therefore examine systematically whether he does have jurisdiction under the rules set out in the Regulation.

## Warning

The judge must hear the preliminary remarks of the parties before declaring that he has no jurisdiction.