Summary
The applicants contested a decision on rejection of an inheritance and applied for authorisation for legal action on behalf of minors; the court of first instance declared that it had no jurisdiction to hear the matter and rejected the application. The appellate court agreed with the court of first instance and pointed out that, according to Art. 8 of the Brussels IIa Regulation, in matters of parental responsibility it is the court of the Member State of the habitual residence of the child which shall have jurisdiction. In this case the children in question had their habitual residence in Ireland. However, the court of second instance disagreed with the arguments of applicant according to which, if the case concerns the decision on rejection of the inheritance, the national provisions of inheritance law, should have been applied.