Greek Naturalization Claim Case
| Date | 02 Agosto 1967 |
| Court | Obsolete Court (Germany) |
state territory Miscellaneous West Berlin International status Constitution of Federal Republic of Germany Allied Reservation Whether applicable to grant of nationality by west Berlin authorities Whether West Berlin authorities had properly exercised their powers The law of the Federal Republic of Germany
The individual in international law Nationality Nationality of married women Foreigner marrying German national Difference in treatment of men and women by national legislature The law of the Federal Republic of Germany
The individual in international law Nationality Naturalization Foreigner married to German woman Whether non-provision for equal right to naturalization for both foreign men and women married to German nationals discriminatory West Berlin authorities acting on advice of Federal authorities Whether contrary to Allied Reservation to Federal Constitution Status of West Berlin Whether legitimate to consider possible effects of grant of nationality upon German-Greek relations The law of the Federal Republic of Germany
Summary: The facts:Between 1959 and 1966 the plaintiff, a Greek national, had studied and worked in West Germany and moved to West Berlin. He was married to a German national. In 1965 and 1966 his applications for German nationality were rejected by the West Berlin Immigration Authorities on the ground, inter alia, that since he had not completed his military service in Greece, to grant him German nationality could harm German-Greek relations. The Federal Ministry of the Interior and the Foreign Office recommended to the West Berlin Authorities that given the circumstances and in the absence of consent from Greece, continued refusal was advisable. The plaintiff instituted proceedings in the Administrative Court of West Berlin against the West Berlin Authorities contesting the decision. He argued that the decision (a) constituted a violation of his constitutional right to protection of the family and (b) since it was based on advice from the Federal authorities the decision constituted an abuse of discretion by the West Berlin authorities, because the Allied Reservation to the Federal Constitution provided that decisions of the West Berlin authorities were not to depend upon the policy of the Federal Government. The claim was dismissed and the plaintiff appealed.
Held:The appeal would be dismissed. The constitutional provision invoked by the plaintiff did not include a right to naturalization for foreign men who married German nationals. The Legislature of the Federal Republic was competent to distinguish between the rights it granted to men and women in this respect. Further the Court could not refer the question to the Federal Constitutional Court since the enabling provision had not been incorporated into West Berlin law as required under an Allied Command Order annexed to the Constitution.
There was no conflict between the Federal authorities' participation in the decision concerning the plaintiff's application and the Allied Reservation on the legal status of West Berlin. The Reservation did not apply to questions of nationality. The defendant had not acted in an arbitrary manner in considering the possible effects of granting German nationality upon Germany's relations with Greece.
The following is the text of the judgment of the Court:
The plaintiff[1] a Greek national was born on 23 April 1936. He has Greek parents and is a member of the Greek Orthodox Church. In 1959 he came to Germany and for four semesters studied architecture at the...
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