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Publishers Abstract:
Since the early days of Community law, conflict of laws experts have dealt with the impact of the prohibition of discrimination on grounds of nationality (now Art. 12 EC) on private international law. Nationality serves as a connecting factor in private international laws of many Member States. By their very nature, these rules lead to a different treatment of a Member State's own nationals and the nationals of other Member States. With the Court's decision in Carlos Garcia Avello, the time of complacency has come to an end. The judgment makes abundantly clear that the rules governing personal status are not safe from the impact of Community law any longer. The Avello judgment illustrates the impact of Union citizenship that has already been felt in other areas of law. The application of Article 12 EC is subject to objective justification. Even in cases of direct discrimination, Article 12 EC has to be read as a relative prohibition.
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