Extract
[...] According to the Court of Justice, when a person holds the nationality of two Member States, they are free to choose which one they wish to prevail. Although this solution only applies between Member States, part of the doctrine considered that an extension to third countries could be envisaged. Failing this, it would create discriminations based on nationality, as it would be impossible to give precedence to the nationality of a third country over French nationality, whereas it is possible to give precedence to the nationality of a Member State. [...]
[...] Court of Cassation, 1st Civil Chamber, November no. 21-17.043 - In the case of dual nationality of a spouse, must French nationality be given priority to assess the conditions of a marriage celebrated outside the European Union? Cass. 1ère Civ., November no. 21-17.043 The judgment rendered on November by the First Civil Chamber of the Court of Cassation concerns the law applicable to the substantive conditions of marriage celebrated abroad in the case of dual nationality of one spouse, involving French nationality and that of a third country outside the European Union. [...]
[...] A classic primacy The Court of Cassation affirms that if a person has French nationality and that of a third State to the European Union, "they remain, by virtue of their French nationality, subject to French law", unless there is a contrary international convention. Thus, French nationality takes precedence over that of third States to the European Union. Based on the wording of Article 202-1 of the Civil Code, an ambiguity could arise in the case of dual nationality. Indeed, the article states that in international matters, the substantive validity conditions of marriage are governed by the personal law of each spouse. However, if a spouse has dual nationality, they then have two applicable personal laws. [...]
[...] However, this absence of transcription does not infringe the validity of the marriage abroad, nor the exercise of the rights and effects of the marriage abroad. Furthermore, the infringement is not disproportionate, as the refusal to transcribe is justified by the application of international public order of proximity. It is a fundamental principle allowing to exclude a situation validly constituted abroad, as soon as it has a link with France, in this case the French nationality. However, the prohibition of marriage of a minor has always been considered a matter of public order. [...]
[...] 175), by consecrating the principle of primacy of French nationality. In addition to resolving the aforementioned legal problem, this solution makes it possible to strengthen France's power internationally, by applying French law to the detriment of foreign laws. Moreover, this improves the efficiency of justice, by allowing the French judge to more frequently apply French law, which he necessarily knows better than foreign laws. However, with the evolution of European Union law, doubts have arisen about the application of the principle of primacy of French nationality. [...]
