El caso Grunkin-Paul: notas a la STJUE de 14 de octubre de 2008

Abstract

The German Civil Register denied the recognition of a Danish registral certificate in which the surname of a German child was given in accordance with Danish Law as the Law of his domicile. The child was born in Denmark and lived since then in Denmark. The German authorities argued that according to the German conflict-Of-Law system, national Law applies to determine the surnames of individuals (art. 10 BGB). Tje ECJ rejected the solution because not compatible with Community Law and free movement of persons within the territory of the UE. Even if Community Law does not conver the surname of a person, the fact that the surname of this child should be changed ever time he crosses the border creates an obstacle to free movement. As an unjustified obstacle to the fundamental right to move and reside freely within the UE (art. 18 TCE), the ECJ stated that the Danish birth certificate has to be accepted by the German Civil Register.