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 - High Regional Court Schleswig-Holsteinisches, judgment 4 A 34/07

Court name: Schleswig-Holsteinisches High Regional Court
State: Germany
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Burden of proof, Determination/confirmation of nationality, Standard of proof, State succession, Stateless status and documentation, Statelessness and asylum, Statelessness determination

The applicants are ethnic Armenians born in Azerbaijan. The case addresses extensively the situation of ethnic Armenians from Azerbaijan who left Azerbaijan before the fall of the USSR, and lived in Russia in the 90s. Their potential Armenian, Azerbaijani and Russian nationalities are considered. The Court also discusses the legal residence requirement for a travel document in accordance with the 1954 Convention, and finds that such a permit does not need to be of a permanent nature. Applicants are found stateless by the Court and entitled to a stateless persons travel document. 

Germany - Federal Administrative Court, judgment 1 B 223.97

Court name: Bundesverwaltungsgericht (Federal Administrative Court)
State: Germany
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Determination/confirmation of nationality, Standard of proof, Statelessness determination

If stateless individuals are not lawfully staying in the country, Contracting States may provide travel documents but the decision to grant them is discretionary, provided it is free from arbitrariness. A person applying for travel documents can be reasonably expected to return to their previous place of residence and apply for the nationality of their country of origin.