Garcia Avello v Belgium

A Member State's refusal to allow children with dual nationality to have a surname in accordance with the law of their other Member State was discrimination contrary to EU citizenship rules.

Citation
Case C-148/02, [2003] ECR I-11613
Court
Court of Justice of the European Union
Year
2003
Subject
EU Law
Topic
EU citizenship

Facts

Mr Garcia Avello, a Spanish national, and his Belgian wife lived in Belgium. Their children, who had both Spanish and Belgian nationality, were registered in Belgium with their father's surname, Garcia Avello. The parents asked for the children's surname to be changed to Garcia Weber, in accordance with Spanish custom, which combines the first surnames of the father and mother. The Belgian authorities refused, because Belgian law gave children their father's surname.

Legal principle

The Court of Justice held that the refusal was contrary to articles 18 and 20 of what is now the Treaty on the Functioning of the European Union. The children were lawfully resident in Belgium and were nationals of another Member State, so their situation fell within the scope of EU law, even though they were also Belgian nationals. Having different surnames under the laws of the two Member States would cause them serious inconvenience, and Belgium was treating them in the same way as children with only Belgian nationality, although their situation was different. The refusal could not be justified.

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