CELEX: 62006CA0353
Language: en
Date: 2008-10-14 00:00:00
Title: Case C-353/06: Judgment of the Court (Grand Chamber) of 14 October 2008 (reference for a preliminary ruling from the Amtsgericht Flensburg, Germany) — Proceedings brought by Stefan Grunkin, Dorothee Regina Paul (Right to move and reside freely within the territory of the Member States — Private international law relating to surnames — Applicable law determined by nationality alone — Minor child born and resident in one Member State with the nationality of another Member State — Non-recognition in the Member State of which he is a national of the surname acquired in the Member State of birth and residence)

6.12.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/3
            
         Judgment of the Court (Grand Chamber) of 14 October 2008 (reference for a preliminary ruling from the Amtsgericht Flensburg, Germany) — Proceedings brought by Stefan Grunkin, Dorothee Regina Paul
   (Case C-353/06) (1)
   
   (Right to move and reside freely within the territory of the Member States - Private international law relating to surnames - Applicable law determined by nationality alone - Minor child born and resident in one Member State with the nationality of another Member State - Non-recognition in the Member State of which he is a national of the surname acquired in the Member State of birth and residence)
   (2008/C 313/04)
   Language of the case: German
   Referring court
   Amtsgericht Flensburg
   Parties to the main proceedings
   Stefan Grunkin, Dorothee Regina Paul
   
      Other parties: Leonhard Matthias Grunkin-Paul, Standesamt Niebüll,
   Re:
   Reference for a preliminary ruling — Amtsgericht Flensburg (Germany) — Interpretation of Articles 12 and 18 of the EC Treaty — National rule on conflict of laws connecting the law governing the determination of a person's surname to nationality alone — Refusal by the Member State of which he is a national to recognise the surname of a child, made up of the respective surnames of his parents, where the child was born and is resident in another Member State in which he has been registered under that double-barrelled name
   Operative part of the judgment
   In circumstances such as those of the case in the main proceedings, Article 18 EC precludes the authorities of a Member State, in applying national law, from refusing to recognise a child's surname, as determined and registered in a second Member State in which the child — who, like his parents, has only the nationality of the first Member State — was born and has been resident since birth.
   
      (1)  OJ C 281, 18.11.2006.