The applicant's naturalisation request was denied due to a criminal record, even though he has resided in Luxembourg for decades and is a stateless person. The Court rules that the principle of avoidance of statelessness does not prevent States from setting conditions on access to naturalisation even for stateless persons.
The applicants are children born presumably in a surrogacy arrangement in Ukraine to two Austrian nationals. Even though the custody of the commissioning parents over the applicants was confirmed under the Austrian law, their parentage and consequently the Austrian nationality of the applicants was initially denied. The Court considered that the best interests of the child prevail in such a case over the prohibition of surrogacy under Austrian law, and confirmed the applicants' right to Austrian nationality.