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.
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.
Related cases on EU citizenship
- Baumbast and R v Secretary of State for the Home Department Case C-413/99, [2002] ECR I-7091
- Coman v Inspectoratul General pentru Imigrări Case C-673/16, EU:C:2018:385
- Dano v Jobcenter Leipzig Case C-333/13, EU:C:2014:2358
- Dereci v Bundesministerium für Inneres Case C-256/11, [2011] ECR I-11315
- Grzelczyk v Centre Public d'Aide Sociale d'Ottignies-Louvain-la-Neuve Case C-184/99, [2001] ECR I-6193
- Jobcenter Berlin Neukölln v Alimanovic Case C-67/14, EU:C:2015:597
- Land Baden-Württemberg v Tsakouridis Case C-145/09, [2010] ECR I-11979
- Martínez Sala v Freistaat Bayern Case C-85/96, [1998] ECR I-2691
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