CJEU Case C-135/08 / Judgment

Janko Rottman v Freistaat Bayern
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Grand Chamber)
Type
Decision
Decision date
02/03/2010
ECLI (European case law identifier)
ECLI:EU:C:2010:104

Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.

 

  • CJEU Case C-135/08 / Judgment

    Key facts of the case:

    Reference for a preliminary ruling: Bundesverwaltungsgericht - Germany.

    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.

    Outcome of the case:

    On those grounds, the Court (Grand Chamber) hereby rules:

    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.

  • Relevance of Charter

    Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.