ECJ – Judgment of 14.10.2008, S. Grunkin y D. R. Paul, C-353/06 – Right to Move an Reside freely within the Territory of the Member States – Non Recognition of the Surname acquired in the State of Birth and Residence – Internal Law relating to Surnames of Individuals
Keywords:
Right to move and reside freely within the territory of the Member States, European citizenship, internal law relating to surnames of individuals.Abstract
The German Civil Register authorities refused to recognise a Danish registral certificate in which the surname of a German child was given in accordance with Danish Law. The German authorities argued that according to the German conflict-Of-Law system, national Law applies to determine the surnames of individuals. The European Court of Justice rejected the solution because it was not compatible with Community Law. Even if Community Law does not regulate the «surname» of a person, the fact that the surname of this child should be changed ever time he crosses the border creates an unjustified obstacle to the fundamental right to move and reside freely within the European Union. The judgment analised, Grunkin-Paul, represents an interesting contribution to the ECJ previous jurisprudence (particularly García-Avello judgment) regarding to the national law in the field of determination of the surnames of individuals in relation to the right to move and reside freely within the European Union.Downloads
Published
2009-09-29
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CASE LAW COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
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