# C_2022064EN.01001701.xml

| 7.2.2022 | EN | Official Journal of the European Union | C 64/17 |
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7.2.2022

EN

Official Journal of the European Union

C 64/17

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Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 16 November 2021 — X v Udlændinge- og Integrationsministeriet

(Case C-689/21)

(2022/C 64/27)

Language of the case: Danish

Referring court

Østre Landsret

Parties to the main proceedings

Applicant: X

Defendant: Udlændinge- og Integrationsministeriet

Questions referred

| 1. | Does Article 20 TFEU, in conjunction with Article 7 [of the Charter], preclude legislation of a Member State, such as that at issue in the main proceedings, under which citizenship of that Member State is, in principle, lost by operation of law on reaching the age of 22 in the case of persons born outside that Member State who have never lived in that Member State and who have also not resided there in circumstances that indicate a close attachment to that Member State, with the result that persons who do not also have citizenship of another Member State are deprived of their status as Union citizens and of the rights attaching to that status, taking into account that it follows from the legislation at issue in the main proceedings that:






  (a) | a close attachment to the Member State is presumed to exist, in particular, after a total of one year’s residence in that Member State, |
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1.

Does Article 20 TFEU, in conjunction with Article 7 [of the Charter], preclude legislation of a Member State, such as that at issue in the main proceedings, under which citizenship of that Member State is, in principle, lost by operation of law on reaching the age of 22 in the case of persons born outside that Member State who have never lived in that Member State and who have also not resided there in circumstances that indicate a close attachment to that Member State, with the result that persons who do not also have citizenship of another Member State are deprived of their status as Union citizens and of the rights attaching to that status, taking into account that it follows from the legislation at issue in the main proceedings that:

(a)

a close attachment to the Member State is presumed to exist, in particular, after a total of one year’s residence in that Member State,

| (b) | if an application to retain citizenship is submitted before the person reaches the age of 22, authorisation to retain citizenship of the Member State under less stringent conditions may be obtained and for that purpose the competent authorities must examine the consequences of loss of citizenship, and |
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(b)

if an application to retain citizenship is submitted before the person reaches the age of 22, authorisation to retain citizenship of the Member State under less stringent conditions may be obtained and for that purpose the competent authorities must examine the consequences of loss of citizenship, and

| (c) | lost citizenship can be recovered after the person concerned reaches the age of 22 only by means of naturalisation, to which a number of requirements are attached, including that of uninterrupted residence in the Member State for a longer duration, although the period of residence may be somewhat shortened for former nationals of that Member State? |
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(c)

lost citizenship can be recovered after the person concerned reaches the age of 22 only by means of naturalisation, to which a number of requirements are attached, including that of uninterrupted residence in the Member State for a longer duration, although the period of residence may be somewhat shortened for former nationals of that Member State?

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