The procedure is similar to that for issuing a certificate of inheritance (Erbschein) under German law. However, if a party disputes an element underlying the application, the consequences are different. While the judge in the proceedings for the issuance of the certificate of inheritance (Erbschein) must in any case decide on the application, ascertain the facts and resolve the disputes raised, and indeed must proceed to take evidence even ex officio, without being bound by the parties' arguments and requests for investigation, in the proceedings for the issuance of the ESC, the European Court of Justice (Judgment of 23.1. 2025, case C 187/23) has interpreted Article 67(1) of EU Succession Regulation No 650/2012 as meaning that any dispute raised is an impediment to the issuance of the ESC, even if it appears manifestly unfounded, unless it refers to a dispute already rejected in another proceeding with the force of res judicata. However, the applicant may appeal against the decision to refuse the CSE, and the possibility of resolving the disputes is therefore moved to the second instance, i.e., before the court of appeal. Here we are currently faced with a conflict of case law between the courts of appeal that consider that disputes can be decided at that level (Cologne Court of Appeal, Order of March 26, 2025 – 2Wx 134/24 and Saarbrücken Court of Appeal), at least those that are clearly unfounded, and therefore – if they are rejected – the CSE can be issued, and those (Frankfurt, Order of July 7, 2025 – 21W 126/24 and Nuremberg) that believe that it is necessary to wait for the challenges to be decided with final judgment in a separate proceeding. It is therefore necessary to wait for the Federal Court (BGH) – if a proceeding is brought there– to decide on this aspect or refer the matter to the European Court of Justice.