CELEX: 62008CA0135
Language: en
Date: 2010-03-02 00:00:00
Title: Case C-135/08: Judgment of the Court (Grand Chamber) of 2 March 2010 (reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany)) — Janko Rottmann v Freistaat Bayern (Citizenship of the Union — Article 17 EC — Nationality of one Member State acquired by birth — Nationality of another Member State acquired by naturalisation — Loss of original nationality by reason of that naturalisation — Loss with retroactive effect of nationality acquired by naturalisation on account of deception practised in that acquisition — Statelessness leading to loss of the status of citizen of the Union)

1.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/4
            
         Judgment of the Court (Grand Chamber) of 2 March 2010 (reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany)) — Janko Rottmann v Freistaat Bayern
   (Case C-135/08) (1)
   
   (Citizenship of the Union - Article 17 EC - Nationality of one Member State acquired by birth - Nationality of another Member State acquired by naturalisation - Loss of original nationality by reason of that naturalisation - Loss with retroactive effect of nationality acquired by naturalisation on account of deception practised in that acquisition - Statelessness leading to loss of the status of citizen of the Union)
   2010/C 113/05
   Language of the case: German
   
      Referring court
   
   Bundesverwaltungsgericht
   
      Parties to the main proceedings
   
   
      Applicant: Janko Rottmann
   
      Defendant: Freistaat Bayern
   
      Re:
   
   Reference for a preliminary ruling — Bundesverwaltungsgericht (Germany) — Interpretation of Article 17 EC — Acquisition of the nationality of a Member State entailing the definitive loss of the nationality of the Member State of origin — Loss of the new nationality with retroactive effect as a result of deception in connection with its acquisition — Statelessness of the person concerned with the consequence of loss of citizenship of the Union
   
      Operative part of the judgment
   
   It is not contrary to European Union law, in particular to Article 17 EC, for a Member State to withdraw from a citizen of the Union the nationality of that State acquired by naturalisation when that nationality was obtained by deception, on condition that the decision to withdraw observes the principle of proportionality.
   
      (1)  OJ C 171, 05.07.2008.