«(Citizenship of the European Union – Handing down of surnames – Children of nationals of Member States – Dual nationality)»

1.. Citizenship of the European Union – Treaty provisions – Scope ratione personae – National of one Member State lawfully residing on the territory of another Member State – Whether included – Effect – Benefit of rights attaching to the status of citizen of the Union – Persons concerned also nationals of the State of residence – Not relevant – Discrimination on grounds of nationality in regard to the rules governing the surname – Not permissible (Arts 12 EC, 17 EC and 18 EC)

2.. Community law – Principles – Equal treatment – Discrimination on grounds of nationality – Minor children resident in a Member State and having dual nationality of that State and of another Member State – Application for a change of surname to enable those minor children to bear the surname to which they are entitled in the second Member State – Refusal of the administrative authority to grant that application – Not permissible (Arts 12 EC and 17 EC)

JUDGMENT OF THE COURT 2 October 2003 (1)

((Citizenship of the European Union – Handing down of surnames – Children of nationals of Member States – Dual nationality))

In Case C-148/02,

REFERENCE to the Court under Article 234 EC by the Conseil d'État (Belgium) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Articles 17 EC and 18 EC,

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, M. Wathelet, R. Schintgen and C.W.A. Timmermans (Presidents of Chambers), D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues (Rapporteur) and A. Rosas, Judges,

Advocate General: F.G. Jacobs,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Garcia Avello, represented by P. Kileste; of the Belgian State, represented by C. Molitor, avocat; of the Danish Government, represented by J. Molde, acting as Agent; of the Netherlands Government, represented by N.A.J. Bel, acting as Agent; and of the Commission, represented by J.L. Iglesias Buhigues, C. O'Reilly and D. Martin, at the hearing on 11 March 2003,

after hearing the Opinion of the Advocate General at the sitting on 22 May 2003,

gives the following

Community law

National law and practice

Belgian private international law

The Belgian Civil Code

....

Administrative practice in regard to changes of surname

On those grounds,

THE COURT,

in answer to the question referred to it by the Conseil d'État by judgment of 21 December 2001, hereby rules:

Rodríguez Iglesias

Wathelet

Schintgen

Timmermans

Edward

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Rosas

Delivered in open court in Luxembourg on 2 October 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President