Recognition of a status acquired abroad

Germany

Abstract

The case law of the CJEU and the ECtHR enhances the recognition of a status acquired abroad. The German legislative and judicative have consequently reacted, especially in the field of international name law. While the case law of the CJEU has fundamentally changed private international law approaches, the case law of the ECtHR so far has only been considered as a part of possible public policy arguments. Regarding the CJEU law, courts have developed a sophisticated system to “recognize” a status according to the theory of renvoi en bloc. This report describes how the aforementioned case law has changed and is changing the private international law methodology and practice.