CELEX: 62015CA0541
Language: en
Date: 2017-06-08 00:00:00
Title: Case C-541/15: Judgment of the Court (Second Chamber) of 8 June 2017 (request for a preliminary ruling from the Amtsgericht Wuppertal — Germany) — proceedings brought by Mircea Florian Freitag (Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Freedom to move and reside in the Member States — Individual having the nationality of both the Member State in which he resides and the Member State in which he was born — Change of surname in the Member State of birth not carried out during a period of habitual residence — Name corresponding to birth name — Application for the entry of that name in the civil register of the Member State of residence — Rejection of that application — Reason — Name not acquired during a period of habitual residence — Existence of other procedures in national law to have that name recognised)

31.7.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 249/5
            
         Judgment of the Court (Second Chamber) of 8 June 2017 (request for a preliminary ruling from the Amtsgericht Wuppertal — Germany) — proceedings brought by Mircea Florian Freitag
   (Case C-541/15) (1)
   
   ((Reference for a preliminary ruling - Citizenship of the Union - Article 21 TFEU - Freedom to move and reside in the Member States - Individual having the nationality of both the Member State in which he resides and the Member State in which he was born - Change of surname in the Member State of birth not carried out during a period of habitual residence - Name corresponding to birth name - Application for the entry of that name in the civil register of the Member State of residence - Rejection of that application - Reason - Name not acquired during a period of habitual residence - Existence of other procedures in national law to have that name recognised))
   (2017/C 249/06)
   Language of the case: German
   
      Referring court
   
   Amtsgericht Wuppertal
   
      Parties to the main proceedings
   
   Mircea Florian Freitag
   
      Operative part of the judgment
   
   Article 21 TFEU must be interpreted as precluding the registry office of a Member State from refusing to recognise and enter in the civil register the name legally acquired by a national of that Member State in another Member State, of which he is also a national, and which is the same as his birth name, on the basis of a provision of national law which makes the possibility of having such an entry made, by declaration to the registry office, subject to the condition that that name must have been acquired during a period of habitual residence in that other Member State, unless there are other provisions of national law which effectively allow the recognition of that name.
   
      (1)  OJ C 48, 8.2.2016.