CURIA - Documents 3 of 11 https://curia.europa.eu/juris/document/document_print.jsf?docid=753... 1. … 2. he does not meet the conditions for expulsion laid down in Paragraphs 46(1) to (4) and 47(1) or (2) of the Law on aliens [(Ausländergesetz)], 3. he has found independent accommodation or work where he is established. …’ 7 According to the provisions of German law relating to nationality applicable to the case in the main proceedings, naturalisation of an alien depended, as a rule, on his giving up or losing his previous nationality. 8 Article 48(1) and (2) of the Code of administrative procedure of the Land of Bavaria (Bayerisches Verwaltungsverfahrensgesetz) is worded as follows: ‘(1) Even when it is no longer open to challenge, an unlawful administrative act may be withdrawn in whole or in part, for the future or with retroactive effect. … (2) An unlawful administrative act granting a single or periodic benefit in cash or a divisible benefit in kind or one which is a condition for such a benefit, may not be withdrawn so long as the beneficiary relies on the continued existence of that administrative act and as his expectation, when weighed against the public interest in withdrawal, is judged worthy of protection. The beneficiary may not plead expectations … 1. [if he] obtained the adoption of the administrative act by fraud, threats or bribery, 2. [if he] obtained the adoption of the administrative act by giving information that was in essence false or incomplete, 3. [if he] was aware that the administrative act was unlawful or if his ignorance of that fact amounted to serious negligence. In [those] cases …, the administrative act is as a rule withdrawn with retroactive effect.’ The relevant provisions of Austrian law 9 Paragraph 27(1) of the Law on nationality (Staatsbürgerschaftsgesetz, ‘the StbG’, BGBl. 311/1985) provides: ‘Any person who acquires foreign nationality at his own request, or by reason of a declaration made by him or with his express consent, shall lose his Austrian nationality unless he has expressly been given the right to retain [it]’. 10 Authorisation to retain Austrian nationality presupposes, pursuant to Paragraph 28(1)(1) of the StbG, that to retain it would be in the interest of the Republic of Austria because of services already performed by the person concerned or which that Member State may expect him to perform, or having regard to particular considerations which must be taken into account. 11 It is clear from the Austrian Government’s observations that, under Austrian law, the loss of foreign nationality acquired by naturalisation, whether occurring ex nunc or ex tunc in the legal order of the State of naturalisation, does not automatically mean that the person who lost his Austrian nationality because he acquired that foreign nationality will retroactively recover his Austrian nationality. 12 Again according to the Austrian Government, in such a case, Austrian nationality may be regained only by administrative decision and only provided that the conditions laid down in that regard in paragraph 10 et seq. of the StbG have been satisfied. 26/05/2021, 10:03