Janko Rottman v Freistaat Bayern.
Date: 2010-03-02
39. It is to be borne in mind here that, according to established case-law, it is for each Member State, having due regard to Community law, to lay down the conditions for the acquisition and loss of nationality ( Micheletti and Others , paragraph 10; Case C‑179/98 Mesbah  [1999] ECR I‑7955, paragraph 29; and Case C‑200/02 Zhu and Chen  [2004] ECR I‑9925, paragraph 37).
41. Nevertheless, the fact that a matter falls within the competence of the Member States does not alter the fact that, in situations covered by European Union law, the national rules concerned must have due regard to the latter (see, to that effect, Case C‑274/96 Bickel and Franz  [1998] ECR I‑7637, paragraph 17 (as regards national provisions in the sphere of criminal legislation and the rules of criminal procedure); Case C‑148/02 Garcia Avello  [2003] ECR I‑11613, paragraph 25 (as regards national rules governing a person’s name); Case C‑403/03 Schempp  [2005] ECR I‑6421, paragraph 19 (as regards national rules relating to direct taxation); Case C‑145/04 Spain  v United Kingdom  [2006] ECR I‑7917, paragraph 78 (as regards national rules determining the persons entitled to vote and to stand as candidates in elections to the European Parliament)).
42. It is clear that the situation of a citizen of the Union who, like the applicant in the main proceedings, is faced with a decision withdrawing his naturalisation, adopted by the authorities of one Member State, and placing him, after he has lost the nationality of another Member State that he originally possessed, in a position capable of causing him to lose the status conferred by Article 17 EC and the rights attaching thereto falls, by reason of its nature and its consequences, within the ambit of European Union law.
43. As the Court has several times stated, citizenship of the Union is intended to be the fundamental status of nationals of the Member States (Case C‑184/99 Grzelczyk  [2001] ECR I‑6193, paragraph 31; Case C‑413/99 Baumbast and R  [2002] ECR I‑7091, paragraph 82).
44. Article 17(2) EC attaches to that status the rights and duties laid down by the Treaty, including the right to rely on Article 12 EC in all situations falling within the scope ratione materiae of Union law (see Case C‑85/96 Martínez Sala  [1998] ECR I‑2691, paragraph 62, and Schempp , paragraph 17).
45. Thus, the Member States must, when exercising their powers in the sphere of nationality, have due regard to European Union law ( Micheletti and Others , paragraph 10; Mesbah , paragraph 29; Case C‑192/99 Kaur  [2001] ECR I‑1237, paragraph 19; and Zhu and Chen , paragraph 37).
51. A decision withdrawing naturalisation because of deception corresponds to a reason relating to the public interest.  In this regard, it is legitimate for a Member State to wish to protect the special relationship of solidarity and good faith between it and its nationals and also the reciprocity of rights and duties, which form the bedrock of the bond of nationality.
55. In such a case, it is, however, for the national court to ascertain whether the withdrawal decision at issue in the main proceedings observes the principle of proportionality so far as concerns the consequences it entails for the situation of the person concerned in the light of European Union law, in addition, where appropriate, to examination of the proportionality of the decision in the light of national law.
56. Having regard to the importance which primary law attaches to the status of citizen of the Union, when examining a decision withdrawing naturalisation it is necessary, therefore, to take into account the consequences that the decision entails for the person concerned and, if relevant, for the members of his family with regard to the loss of the rights enjoyed by every citizen of the Union.  In this respect it is necessary to establish, in particular, whether that loss is justified in relation to the gravity of the offence committed by that person, to the lapse of time between the naturalisation decision and the withdrawal decision and to whether it is possible for that person to recover his original nationality.