CJEU – Rottmann, C-135/08

Court name: Court of Justice of the European Union
State: Germany
Date of decision:
Legal instruments: 1961 Statelessness Convention, 1997 European Convention on Nationality, European Union law, Other international law, Universal Declaration of Human Rights (UDHR)
Key aspects: Acquisition of nationality, Deprivation of nationality, Determination/confirmation of nationality, Stateless status and documentation, Statelessness determination, Voluntary renunciation of nationality

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.

Germany - Federal Administrative Court, judgment 5 C 32/07

Court name: Federal Administrative Court
State: Germany
Date of decision:
Legal instruments: 1961 Statelessness Convention, 1997 European Convention on Nationality
Key aspects: Childhood statelessness, Deprivation of nationality, Stateless status and documentation

Germany’s highest administrative court decides on a case in which stateless minors (the applicants) were granted German nationality. The applicants’ parents applied for their nationality using false information, namely that the family would originate from Lebanon instead of Turkey. The Court held that the withdrawal of nationality is only valid if done promptly, i.e. within a maximum of five years after the nationality has been granted.