The case concerns a stateless person of Palestinian origin refused asylum in Hungary. The question answered by the CJEU concerned the circumstances in which a person is considered to be receiving "protection or assistance from organs or agencies of the United Nations other than [UNHCR]" within the meaning of Article 12(1)(a) of 2004 Qualification Directive, and may therefore be entitled to refugee status when that protection or assistance ceases. The CJEU held that a person receives such protection or assistance when that person has actually availed themselves of that protection or assistance, and not if they are entitled to but have not done so.
The Court held that it is not contrary to EU law for Member States to withdraw citizenship obtained by deception, even if the effect is to also withdraw citizenship of the Union, so long as the decision observes the principle of proportionality.
The case had been brought before the ECJ for a preliminary ruling, leading to its famous Rottman judgment (CJEU, C-135/08 Rottmann, judgment of 2 March 2010). The Federal Administrative Court rules on the case after the ECJ's judgment. The applicant lost his Austrian nationality when he naturalised in Germany, but his German naturalisation was later revoked as he committed fraud in the naturalisation procedure, rendering him stateless. The Federal Administrative Court upheld the administrative decision to withdraw the German nationality despite the uncertainty about the restoration of the Austrian nationality of the applicant.