“Picuso” Watch: The EU Court Case That Could Shape The Future of Luxembourg Citizenship
The case at a glance
Why we are tracking this case
If you have an ancestor who was born in Luxembourg before a certain date, and citizenship passed from father to son down your family line, you may already be a Luxembourg citizen from birth, without having ever having known about it. The government just has no record of it yet until you contact them to notify them of your existence. This is what we call Article 7 Luxembourg Dual Citizenship. Over 10 years, our company has helped 3,500 Americans apply for Luxembourg citizenship through ancestry, and people applying for a first certificate of Luxembourg citizenship under Article 7 count for about 64% of that total.
Italy had a similar rule, on a much larger scale, until it ended via emergency decree 2025. Italy’s new law treats people born abroad with another nationality as if they were never Italian at all, even people born before the law changed. Italy’s highest court has now asked the Court of Justice of the European Union, the EU’s top court, whether a country is allowed to do that.
That court sits in the Kirchberg district of Luxembourg City, a nine-minute walk from Luxembourg’s own Ministry of Justice. Whatever the judges decide will not only set the rules how Italy’s citizenship law, but also for how all EU countries may change the way citizenship passes down through the generations or not. For this reason, we consider this case to be very important to the future of Luxembourg citizenship by descent. Follow along to find out the latest evolutions in the case.
The EU’s top court gives each case a fictitious name, this case has been given the name “Picuso” and we’re sure it’s a name you’ll be hearing more.
Step by step: where the case stands
1 · Italy’s top court asks the EU court for help Done
Italy’s Constitutional Court paused its own review of the 2025 reform and sent one question to the EU court in Luxembourg.
2 · The case file arrives in Luxembourg Done
The file was lodged at the EU court the same day the Constitutional Court issued its order, which is fast for this kind of case.
3 · The case gets its number and name Done
Every question sent to the EU court is registered automatically; the court cannot refuse to hear it. The case is now C-816/26, nicknamed “Picuso,” a computer-generated name that protects the families’ privacy.
4 · The court notifies every EU country Done
The court formally sent the question to all 27 EU countries, including Luxembourg, and to the European Commission. This opened the window for written arguments.
5 · Countries weigh in Next milestone
Italy, other EU countries, and the European Commission can file written arguments. The window is open now and is expected to close in early November. The moment we are watching most closely: does Luxembourg file? A country usually only weighs in when it believes the answer could affect its own laws.
6 · Official Journal notice Upcoming
The court will also publish the question in the EU’s Official Journal. The case has already moved ahead without it.
7 · The hearing Upcoming
Because of what is at stake, the case is expected to go before the court’s Grand Chamber, a panel of 15 judges reserved for the most important cases.
8 · The adviser’s opinion Upcoming
An independent adviser to the court, called the Advocate General, publishes a recommended answer. The judges follow it most of the time. This is the first real signal of the outcome.
9 · The ruling Upcoming
The EU court answers the question. It does not strike down Italy’s law itself; that part happens back in Italy. But its answer will apply across the EU, including in Luxembourg.
10 · Back to Rome Upcoming
Italy’s Constitutional Court picks its case back up and uses the EU court’s answer to decide the fate of the 2025 reform. By then, Luxembourg will be just months away from its October 2028 elections.
Our coverage of the Italian reform
We have followed Italy’s 2025 citizenship reform and the litigation around it from the start, here and on our sister site Citizenship.EU.
- August 12, 2026Decided in Kirchberg: How Italy’s Nationality Law Debate Now Affects Luxembourg
- March 16, 2026Italy Constitutional Court Dismisses First Citizenship Reform Challenge
- October 27, 2025Italy Approves Sweeping Consular Reform: Italian Citizenship Applications Moving to Rome
- October 22, 2025Italy High Court to Decide on Citizenship Reform in 2026
- September 6, 2025New Italian Citizenship Rules for Minors Born Abroad
- August 20, 2025Italian Constitutional Court Affirms Historical Italian Citizenship by Descent
- August 1, 2025Italy Enacts Sweeping Citizenship Reform: Law 74/2025 Tightens Ancestry Dual Citizenship Rules
See all Italy coverage on Citizenship.EU.
Tracker last updated October 19, 2026 · Prepared by LuxCitizenship