Request for a preliminary ruling from the Sąd Okręgowy w Gliwicach (Poland) lodged on 26 January 2024 – BA and Others

(Case C-57/24, Ławida)  (1)

(C/2024/2923)

Language of the case: Polish

Referring court

Sąd Okręgowy w Gliwicach

Parties to the main proceedings

Appellant: BA, represented by her legal representative BR

Other parties: EQ and CJ represented by their legal representatives, XK and LF, and AA represented by her legal representative, TB

Question(s) referred

Must Article 13 of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (2) be interpreted as meaning that it does not apply in a situation where, in addition to a declaration of waiver of the succession being received, that declaration must additionally be approved by a court in order to be effective pursuant to the laws of the Member State of habitual residence of the person submitting it, for instance where the declaration is submitted after the expiry of the deadline?

(1)  This case has been given a fictitious name which does not correspond to the real name of either of the parties to the proceedings.

(2)   OJ 2012 L 201, p. 107.