CURIA - Documents 2 of 11 https://curia.europa.eu/juris/document/document_print.jsf?docid=753... – the Polish Government, by M. Dowgielewicz, acting as Agent, – the Commission of the European Communities, by S. Grünheid and D. Maidani, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 30 September 2009, gives the following Judgment 1 The reference for a preliminary ruling concerns the interpretation of the provisions of the EC Treaty relating to citizenship of the European Union. 2 The reference was made in connection with proceedings between Dr Rottmann and the Freistaat Bayern, concerning the latter’s withdrawal of the naturalisation of the applicant in the main proceedings. Legal context European Union law 3 Declaration No 2 on nationality of a Member State, annexed by the Member States to the final act of the Treaty on European Union (OJ 1992 C 191, p. 98), is worded as follows: ‘The Conference declares that, wherever in the Treaty establishing the European Community reference is made to nationals of the Member States, the question whether an individual possesses the nationality of a Member State shall be settled solely by reference to the national law of the Member State concerned. …’ 4 According to a decision of the Heads of State and Government, meeting within the European Council at Edinburgh on 11 and 12 December 1992, concerning certain problems raised by Denmark on the Treaty of European Union (OJ 1992 C 348, p. 1, ‘the Edinburgh decision’): ‘The provisions of Part Two of the Treaty establishing the European Community relating to citizenship of the Union give nationals of the Member States additional rights and protection as specified in that Part. They do not in any way take the place of national citizenship. The question whether an individual possesses the nationality of a Member State will be settled solely by reference to the national law of the Member State concerned.’ The relevant provisions of national legislation The relevant provisions of German law 5 Paragraph 16(1) of the German Basic Law provides: ‘No German may be deprived of his citizenship. Citizenship may be lost only pursuant to a law, and against the will of the person affected only if he does not become stateless as a result.’ 6 Paragraph 8 of the Law on Nationality (Reichs- und Staatsangehörigkeitsgesetz), in the text applicable until 31 December 1999, provided: ‘An alien established in German territory may, at his request, be naturalised by the Land in whose territory he resides, provided that’ 26/05/2021, 10:03

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