Reference for a preliminary ruling by the Amtsgericht Niebüll by order of that Court of 2 June 2003 in the family-law case of Standesamt Niebüll (relating to the determination of the birth name of the German child Leonhard Matthias)

(Case C-96/04)

(2004/C 106/41)

Reference has been made to the Court of Justice of the European Communities by order of the Amtsgericht Niebüll (Niebüll Local Court) of 2 June 2003, received at the Court Registry on 26 February 2004, for a preliminary ruling in the family-law case of Standesamt Niebüll (relating to the determination of the birth name of the German child Leonhard Matthias) on the following questions:

In light of the prohibition on discrimination set out in Article 12 EC and having regard to the right to the freedom of movement for every citizen of the Union laid down in Article 18 EC, is the German provision on the conflict of laws contained in Article 10 of the EGBGB valid, in so far as it provides that the right to bear a name is governed by nationality alone?