La circolazione di diritti reali immobiliari all’interno dell’Unione europea in caso di contrasto tra lex successionis e lex rei sitae

The Movements of Rights in rem in Immovable Property across the EU in Case of Contrast between the lex successionis and the lex rei sitae. The paper deals with the first ruling delivered by the European Court of Justice in the aftermath of the application of Regulation (EU) No. 650/2012. Namely, the Court analyses the issues concerning the movements of rights in rem in immovable property across the EU in case of contrast between the lex successionis and the lex rei sitae. The Court underlines that Article 1, para. 2, lett. k) and l) and Article 31 of Regulation 650/2012 must be interpreted as precluding refusal, by an authority of a Member State, to recognise the material effects of a legacy ‘by vindication’, provided for by the law governing succession chosen by the testator in accordance with Article 22, para. 1, of the Regulation, where that refusal is based on the ground that the legacy concerns the right of ownership of immovable property located in that Member State, whose law does not provide for legacies with direct material effect when succession takes place.