12.9.2016
EN
Official Journal of the European Union
C 335/30
Request for a preliminary ruling from the Sąd Okręgowy w Gorzowie Wielkopolskim (Poland) lodged on 19 April 2016 — Aleksandra Kubicka
(Case C-218/16)
(2016/C 335/39)
Language of the case: Polish
Referring court
Sąd Okręgowy w Gorzowie Wielkopolskim
Applicant in the main proceedings
Aleksandra Kubicka
Question referred
Must Article 1(2)(k), Article 1(2)(1) and Article 31 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 (1) be interpreted as permitting refusal to recognise the material effects of a legacy by vindication (legatum per vindicationem), as provided for by [Polish] succession law, if that legacy concerns the right of ownership of immovable property located in a Member State the law of which does not provide for legacies having direct material effect?
(1) OJ 2012 L 201, p. 107.