Brussels, 22/12/2010 (Agence Europe) - For reasons of public order and specifically in application of its national legislation on the abolition of the nobility in the name of the constitutional principle of equality of all citizens, a member state may refuse to recognise the name of one of its nationals which contains a title of nobility obtained in another member state.
That was the ruling delivered by the Court of Justice of the EU on 22 December in Case C-208/09. The Court was responding to a question from the Austrian Supreme Administrative Court which was hearing the case of Mrs Ilonka Sayn-Wittgenstein, an Austrian citizen resident in Germany, who had added the title “Fürstin von Sayn-Wittgenstein” (“Princess of Sayn-Wittgenstein”) to her name following her adoption by Mr Lothar Fürst von Sayn-Wittgenstein. This title of nobility was, however, removed surname in the Austrian register of civil status and the complainant claimed that this non-recognition constituted a barrier to freedom of movement and was an infringement of her right to respect for family life. The Austrian court, therefore, asked the Court if the refusal, under the Austrian law abolishing the nobility, to recognise this title of nobility obtained abroad complied with the principles of freedom of movement and residence in the EU.
The Court's response was nuanced: the rules governing titles of nobility, indeed, fall under member states' responsibility, but states must respect EU law and its fundamental liberties. However, in the context of Austrian constitutional history, the law on the abolition of the nobility may be regarded as a factor which characterises the republicanism of the state and, therefore, a public policy justification and, accordingly, weighed in the balance with the right of free movement of persons recognised under European Union law. The Austrian law constitutes implementation of the more general principle of equality before the law of all Austrian citizens, a principle which the European Union legal system seeks to ensure as a general principle of law. Therefore, that a member state seeks to implement this principle prohibiting any acquisition, possession or use, by its nationals, of titles of nobility or noble elements which may create the impression that the bearer of the name is holder of such a rank is a restriction proportionate with the objective of maintaining public order. (F.G./transl.rt)