Official Journal of the European Union

C 113/4

(Case C-135/08) (<span class="super">1</span>)

(Citizenship of the Union - Article 17 EC - Nationality of one Member State acquired by birth - Nationality of another Member State acquired by naturalisation - Loss of original nationality by reason of that naturalisation - Loss with retroactive effect of nationality acquired by naturalisation on account of deception practised in that acquisition - Statelessness leading to loss of the status of citizen of the Union)

2010/C 113/05

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Janko Rottmann

Defendant: Freistaat Bayern

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht (Germany) — Interpretation of Article 17 EC — Acquisition of the nationality of a Member State entailing the definitive loss of the nationality of the Member State of origin — Loss of the new nationality with retroactive effect as a result of deception in connection with its acquisition — Statelessness of the person concerned with the consequence of loss of citizenship of the Union

Operative part of the judgment

It is not contrary to European Union law, in particular to Article 17 EC, for a Member State to withdraw from a citizen of the Union the nationality of that State acquired by naturalisation when that nationality was obtained by deception, on condition that the decision to withdraw observes the principle of proportionality.

(<span class="note">1</span>) OJ C 171, 05.07.2008.