CURIA - Documents 9 of 13 https://curia.europa.eu/juris/document/document_print.jsf?mode=lst&p... of that other Member State in accordance with the national law of that other State, and which designates, as the mothers of that child, a national of the first of those Member States and her wife, without specifying which of the two women gave birth to that child. If the answer is in the affirmative, the referring court asks whether EU law requires such a certificate to state, in the same way as the certificate drawn up by the authorities of the Member State in which the child was born, the names of those two women in their capacity as mothers. 37 The referring court also wishes to know whether the fact that the other mother of the child concerned is a national of the United Kingdom, which is now no longer a Member State, has any bearing on the answer to be given to that question. 38 As a preliminary point, it must be noted that it is for each Member State, having due regard to international law, to lay down the conditions for acquisition and loss of nationality, and that in situations covered by EU law, the national rules concerned must have due regard to the latter (judgments of 2 March 2010, Rottmann, C‑135/08, EU:C:2010:104, paragraphs 39 and 41, and of 12 March 2019, Tjebbes and Others, C‑221/17, EU:C:2019:189, paragraph 30). 39 According to the findings of the referring court, which alone has jurisdiction in that regard, S.D.K.A. has Bulgarian nationality by birth, in accordance with Article 25(1) of the Bulgarian Constitution. 40 Under Article 20(1) TFEU, every person holding the nationality of a Member State is to be a citizen of the Union. It follows that, as a Bulgarian national, S.D.K.A. enjoys the status of Union citizen under that provision. 41 In that regard, the Court has held on numerous occasions that Union citizenship is destined to be the fundamental status of nationals of the Member States (judgments of 20 September 2001, Grzelczyk, C‑184/99, EU:C:2001:458, paragraph 31, and of 15 July 2021, A (Public health care), C‑535/19, EU:C:2021:595, paragraph 41). 42 As is apparent from the Court’s case-law, a national of a Member State who has exercised, in his or her capacity as a Union citizen, his or her freedom to move and reside within a Member State other than his or her Member State of origin, may rely on the rights pertaining to Union citizenship, in particular the rights provided for in Article 21(1) TFEU, including, where appropriate, against his or her Member State of origin (judgment of 5 June 2018, Coman and Others, C‑673/16, EU:C:2018:385, paragraph 31 and the case-law cited). Union citizens who were born in the host Member State of their parents and who have never made use of their right to freedom of movement can also rely on that provision and the measures adopted to give it effect (judgment of 2 October 2019, Bajratari, C‑93/18, EU:C:2019:809, paragraph 26 and the case-law cited). 43 Under Article 21(1) TFEU, every citizen of the Union is to have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect. In order to enable their nationals to exercise that right, Article 4(3) of Directive 2004/38 requires Member States, acting in accordance with their laws, to issue to their own nationals an identity card or passport stating their nationality. 44 Accordingly, since S.D.K.A. is a Bulgarian national, the Bulgarian authorities are required to issue to her an identity card or a passport stating her nationality and her surname as it appears on the birth certificate drawn up by the Spanish authorities, the Court having previously had occasion to rule that Article 21 TFEU precludes the authorities of a Member State, in applying their national law, from refusing to recognise a child’s surname as determined and registered in a second Member State in which the child was born and has been resident since birth (see, to that effect, judgment of 14 October 2008, Grunkin and Paul, C‑353/06, EU:C:2008:559, paragraph 39). 25/08/2022, 16:46

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