Austrian Nationality Case

Date02 Junio 1953
CourtCourt of Appeal of Frankfurt (Germany)
German Federal Republic, Court of Appeal of Frankfurt.
Austrian Nationality Case.

Nationality — Acquisition of — As the Result of Territorial Changes — Re-acquisition of Former Nationality by Persons who were Nationals of Territories which Lost their Independence and Subsequently Re-acquired it — Acquisition of German Nationality by Austrian Citizens as a result of Incorporation of Austria into German Reich — Re-Acquisition of Austrian Nationality after Severance of Austria from Reich — Whether Re-Acquisition Resulted in Loss of German Nationality — Liability to Extradition.

The Facts.—Article 16 (2) of the Constitution of the Federal Republic of Germany provides that German nationals may not be extradited. The applicant contested the right of the German authorities to extradite him, on the ground that he was a German national. He contended in that behalf that, as an Austrian national by origin who had acquired German nationality in 1938 by reason of the incorporation of Austria into the German Reich, he retained his German nationality notwithstanding the fact that the Austrian Transitional Nationality Law of July 10, 1945, provided for the re-acquisition of Austrian nationality by all persons of Austrian origin who had become German nationals in 1938. On behalf of the Public Prosecutor, it was contended that the applicant had lost his German nationality on re-acquiring Austrian nationality by virtue of the Austrian Law of July 10, 1945, and that he was therefore no longer a German national, with the result that he was liable to be extradited.

Held: that the applicant was no longer a German national and was therefore liable to be extradited.

The Court said: “The question whether former Austrian citizens who became Germans in 1938 again lost their German nationality when they...

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