60
In this respect it is necessary to establish, in particular, whether that decision is justified in relation to
the gravity of the offence committed by that person and to whether it is possible for that person to
recover his or her original nationality (see, by analogy, judgment of 2 March 2010, Rottmann,
C‑135/08, EU:C:2010:104, paragraph 56).
61
As part of that examination of proportionality, it is, in addition, for the competent national authorities
and, where appropriate, for the national courts to ensure that such a decision is consistent with the
fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union, the
observance of which the Court ensures, and specifically the right to respect for family life as stated in
Article 7 of that charter, where appropriate read in conjunction with the obligation to take into
consideration the best interests of the child, recognised in Article 24(2) of the said charter (see, by
analogy, judgment of 12 March 2019, Tjebbes and Others, C‑221/17, EU:C:2019:189, paragraph 45
and the case-law cited).
62
In the present case, as regards, first, the possibility for JY to recover Estonian nationality, the referring
court must take account of the fact that, according to the information provided by the Estonian
Government at the hearing, Estonian law requires the person who has relinquished Estonian citizenship,
inter alia, to reside in that Member State for eight years in order to be able to recover the nationality of
that State.
63
It is important, however, to point out that a Member State cannot be prevented from revoking an
assurance as to the grant of its nationality merely because the person concerned, who no longer fulfils
the conditions required to acquire that nationality, will find it difficult to recover the nationality of his or
her Member State of origin (see, by analogy, judgment of 2 March 2010, Rottmann, C‑135/08,
EU:C:2010:104, paragraph 57).
64
As regards, secondly, the gravity of the offences committed by JY, it is apparent from the request for a
preliminary ruling that she is accused of having committed, after receiving the assurance that she will
be granted Austrian nationality, two serious administrative offences (first, failing to display a vehicle
inspection disc and, secondly, driving a motor vehicle while under the influence of alcohol) and being
responsible for eight administrative offences, committed between 2007 and 2013, before that assurance
was given to her.
65
First, as regards those eight administrative offences, it is important to note that they were known at the
time the assurance was given to her and did not preclude that assurance being given to her.
Accordingly, account can no longer be taken of those offences as a basis for the decision to revoke that
assurance.
66
As regards, secondly, the two administrative offences committed by JY after receiving the assurance as
to the grant of Austrian nationality, those offences were regarded by the Verwaltungsgericht Wien
(Administrative Court, Vienna) as, respectively, ‘jeopardis[ing] road safety’ and ‘specifically
jeopardis[ing] the safety of other road users’. According to the referring court, the latter offence is ‘a
serious infringement of laws enacted to protect public order and road safety’ and can ‘of itself
substantiate failure to fulfil the requirements for the grant of citizenship enacted in point 6 of
Paragraph 10(1) of the StbG, whereby the degree of intoxication is immaterial …’.
67
The Austrian Government stated in its written observations that, in accordance with the settled caselaw of the Verwaltungsgerichtshof (Supreme Administrative Court), in the context of the procedure
referred to in Paragraph 20(2) of the StbG, read in conjunction with point 6 of Paragraph 10(1) of that
law, account must be taken of the overall conduct of the person applying for nationality, in particular
the offences which he or she has committed. The decisive question is whether these are unlawful acts
that warrant the conclusion that that applicant, in future also, will disregard essential provisions enacted
to protect against risks to life, health, law and order or public security, or to protect other legal interests
referred to in Article 8(2) of the European Convention for the Protection of Human Rights and
Fundamental Freedoms.
68
It should be recalled in that regard that, as a justification for a decision entailing the loss of the status of
citizen of the Union conferred on nationals of Member States by Article 20 TFEU, the concepts of