Determination of the Relevant Nationality for Dual Citizens with Contracting States

Facts

In this case, it involved a dual citizen who held both Italian and Spanish nationality. As both countries have social security agreements with Switzerland, the Federal Court had to decide which nationality is decisive for the application of the relevant law. The Federal Court concluded that for dual citizens with contracting states, the principle of the actually predominant nationality remains decisive.

Considerations

Contrary to the view of the administrative court appeal, it does indeed make a difference whether the Italian-Swiss or the Spanish-Swiss agreement is applied, as the provisions of these agreements differ. For example, the requirements for acquiring entitlement to a Swiss disability benefit are less strict under the Spanish-Swiss agreement than under the Italian-Swiss agreement.

The Federal Court holds that for dual citizens with contracting states, the principle of the actually predominant nationality remains decisive. In contrast, in a previous judgment (BGE 119 V 1), the Federal Court had alternatively designated either the nationality during the period of…