Judgment_paragraph 47 · Proceedings brought by T.N. and N.N (C-617/20)

47That last sentence of recital 32 of Regulation No 650/2012 suggests, at first sight, that, according to the EU legislature, it is necessary that the declaration concerning the waiver of succession made before a court of the Member State of the habitual residence of the party waiving succession should be notified to the court having jurisdiction to rule on the succession. However, it must be noted that neither Article 13 nor Article 28 of that regulation provides for a mechanism for the communication of such declarations by the court of the Member State of the habitual residence of the party waiving succession to the court having jurisdiction to rule on the succession. On the other hand, recital 32 presumes that persons who have made use of the right to make such declarations in the Member State of their habitual residence will assume the burden of communicating the existence of those declarations to the authorities responsible for the succession.