Case C-101/13: Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg (Germany) lodged on 28 February 2013 — U v Stadt Karlsruhe
Date: 2013-02-28
Institutions: Court of Justice
Subjects: Germany, interpretation of the law, passport, personal data, surname








C_2013156EN.01001901.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/19





Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg (Germany) lodged on 28 February 2013 — U v Stadt Karlsruhe
(Case C-101/13)
2013/C 156/30
Language of the case: German

Referring court

Verwaltungsgerichtshof Baden-Württemberg

Parties to the main proceedings


Applicant: U

Defendant: Stadt Karlsruhe

Questions referred







1.


In accordance with the annex to Regulation (EC) No 2252/2004, (1) must the personal data page of machine readable passports issued by the Member States satisfy all the compulsory specifications of Part 1 (Machine Readable Passports) of Document No 9303 of the ICAO? (2)











2.


If, in accordance with the Law on names of a Member State, a person’s name comprises his first name and surname, are the Member States also entitled, in accordance with the annex to Regulation (EC) No 2252/200, in conjunction with Point 8.6 of Section IV of Part 1 (Machine Readable Passports) of Document No 9303 of the ICAO, to enter the name at birth as a primary identifier in Field 6 of the machine readable personal data page of the passport?










3.


If, in accordance with the Law on names of a Member State, a person’s name comprises his first name and surname, are the Member States also entitled, in accordance with the annex to Regulation (EC) No 2252/2004, in conjunction with Point 8.6 of Section IV of Part 1 (Machine Readable Passports) of Document No 9303 of the ICAO, to enter the name at birth as a secondary identifier in Field 7 of the machine readable personal data page of the passport?










4.


If either the second or third question is answered in the affirmative: is a Member State, in accordance with whose Law on names a person’s name comprises his first name and surname, required, on the basis of the protection afforded to a person’s name under Article 7 of the CFREU (3) and Article 8 ECHR, (4) to state, in the relevant caption of the machine readable personal data page of a passport, that the name at birth is also entered in that field?










5.


If the fourth question is answered in the negative: by reason of the protection afforded to a person’s name under Article 7 of the Charter of Fundamental Rights and Article 8 ECHR, is a Member State, in accordance with whose Law on names a person’s name comprises his first name and surname and under whose Law on passports the fields on the machine readable personal data page of a passport are also to be given in English and French and in Field 6 of that page the name at birth is also to be provided on a single line, preceded by the abbreviation ‘geb.’ of the word ‘geboren’ (born), also required to provide a translation in English and French of the abbreviation ‘geb.’?










6.


If, in accordance with the Law on names of a Member State, a person’s name comprises his first name and surname, are the Member States entitled, in accordance with the annex to Regulation (EC) No 2252/2004, in conjunction with Part 8.6 of Section IV of Part 1 (Machine Readable Passports) of Document No 9303 of the ICAO, to enter the name at birth as an optional item of personal data in Field 13 of the machine readable personal data page of the passport?






(1)  Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ 2004 L 385, p. 1).

(2)  International Civil Aviation Organisation.

(3)  Charter of Fundamental Rights of the European Union.

(4)  The European Convention on Human Rights.