Court name: Court of Justice of the European Union
Date of decision:

The authorities refused to examine the applications of Dutch nationals, with dual nationality of a non-EU country, for renewal of their Dutch passports. The decision was based on the fact that they had lost their Dutch nationality because they possessed a foreign nationality and had their principal residence for an uninterrupted period of 10 years outside the Netherlands and the EU. The CJEU found that Member States may lay down rules regulating the loss of their nationality and, as a result, the loss of EU citizenship, where the genuine link between the person and that State is durably interrupted. Nevertheless, the loss of nationality must respect the principle of proportionality, which requires an individual assessment of the consequences of that loss for the person from the point of view of EU law.

Court name: Court of Justice of the European Union
State: Germany
Date of decision:

An Austrian national by birth transferred his residence to Germany and naturalised as a German national. The naturalisation in Germany had the effect, in accordance with Austrian law, of causing him to lose his Austrian nationality. The German authorities later withdrew the naturalisation with retroactive effect, on the grounds that the applicant had not disclosed that he was the subject of a criminal investigation in Austria on account of suspected serious fraud, and that he had thus obtained German nationality by deception. The Court held that it is not contrary to EU law for a Member State to withdraw nationality obtained by deception, even if it results in losing EU citizenship, so long as the decision observes the principle of proportionality. Observance of the principle of proportionality requires the person concerned to be afforded a reasonable period of time in order to try to recover the nationality of their Member State of origin.