Official Journal of the European Union

C 171/13

(Case C-135/08)

(2008/C 171/22)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Janko Rottmann

Defendant: Freistaat Bayern

Questions referred

1.Does Community law preclude the legal consequence of the loss of Union citizenship (and of the associated rights and fundamental freedoms) resulting from the fact that a revocation, lawful as such under national (German) law, of a naturalisation as a national of a Member State (Germany) acquired by intentional deception has the effect, in combination with the national law on nationality of another Member State (Austria) — as with the claimant in the present case because of the non-revival of the original Austrian nationality — that statelessness supervenes?

2.If Question 1 is answered in the affirmative: Must the Member State (Germany) which has naturalised the citizen of the Union and now wishes to revoke the naturalisation obtained by deception, having due regard to Community law, refrain altogether or temporarily from revoking the naturalisation if or as long as revocation would have the legal consequence of loss of Union citizenship (and of the associated rights and fundamental freedoms) described in Question 1, or is the other Member State (Austria) of former nationality obliged, having due regard to Community law, to interpret and apply, or even adjust, its national law so that that legal consequence does not supervene?