The applicant acquired Austrian nationality in 1995 and renounced her former Turkish nationality in 1996 as a condition for retaining the Austrian nationality. In 2018 the Austrian authorities declared that she has no longer been an Austrian national since 1997 as it appeared that she voluntarily re-acquired her Turkish nationality at that time, which is a ground for automatic loss of Austrian nationality. The Court set aside the determination of loss of Austrian nationality as it did not carry out a proportionality test on the basis of the Tjebbes judgment.
The applicant acquired Austrian nationality by naturalisation in 1997, and renounced her Turkish nationality in that context. In 2018 it appeared that the applicant was listed on the voter registers for Turkish nationals abroad. She did not provide proof that she did not re-acquire Turkish nationality, and on that basis the Austrian authorities declared she has lost her Austrian nationality automatically due to acquisition of a foreign nationality.