ABSTRACT – In judgement OP, case C-21/22, the Court of Justice of the European Union has delivered its latest decision on the Succession Regulation. The Court has ruled on the subjective scope of application of the testator’s choice of law according to Art. 22 of the Regulation, as well as on the relationship between the Regulation itself and existing bilateral agreements on succession matters. In this second regard, the findings of the Court are not entirely convincing, in so much as it affirms that undefined ‘principles’ underpinning the European act shall prevail upon the international agreement. Thus, the Court has replaced the clear rule established in Art. 75 of the Regulation with a case-by-case rule, with the result that the demands of legal certainty are put at risk.
