Was strictly abolished – no nobility? Austrians can be called “von” again

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Since the end of the monarchy in Austria, the nobility was no longer allowed to use the “von” and title in their name. Now such designations could be seen legally again in this country. As a judgment of the European Court of Human Rights (ECtHR) clarifies, the title of nobility may also be used in Austria under certain circumstances.

The discussion was started by four Austrians whose names had been shortened to one word after decades of use. Specifically, it concerns the brothers Maximilian and Thomas Martin Künsberg Sarre, as well as his wife Michaela and their son Nikolaus, as the “Presse” reports.

The family name comes from Ralph Künsberg Sarre, who changed his name to Sarre von Künsberg-Langenstadt in 1961 when he immigrated to the United States from Cuba. The change probably points to his former Frankish noble family.

Plaintiffs claim never to have been aristocrats
The plaintiffs now emphasized to the ECtHR that they had never belonged to the nobility and that the name was simply a fabrication of their ancestor. For years, the designation “von” was also officially included in the register of civil status and therefore also in passports and identity cards. The city of Graz only corrected this in 2018 and removed the suffix.

Much to the dismay of the affected family – after all, the law that abolishes the nobility does not apply to them according to their reasoning: the victims then went through all legal procedures and were now before the ECtHR.

Nobility remains abolished, suffix may remain
As the “Presse” further reports, the ECtHR did not address this argument at all. In principle, the abolition of the nobility law is a means of creating equality among the people of Austria – that is legitimate, the newspaper quotes from the verdict. For decades, however, the authorities had no objection to the birth or marriage suffix being assigned and eventually used.

Austria can still appeal
The court therefore saw an unjustified interference with the right to private and family life – after all, the name was a “key factor of human identity”. Austria now has three months to appeal against the verdict and bring it before the Grand Chamber of the ECtHR.

If that does not happen, or if the Chamber confirms the verdict, names that have been legally used for decades may not be changed in the future.

Source: Krone

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