# C_2005229EN.01000302.xml

| 17.9.2005 | EN | Official Journal of the European Union | C 229/3 |
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17.9.2005

EN

Official Journal of the European Union

C 229/3

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 7 July 2005

in Case C-374/03 (Reference for a preliminary ruling Verwaltungsgericht): Gaye Gürol v Bezirksregierung Köln (1)

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(EEC-Turkey Association Agreement - Article 9 of Decision No 1/80 of the Association Council - Direct effect - Access to education for children of a Turkish worker duly registered as belonging to the workforce - Children living with their parents - Education grant)

(2005/C 229/06)

Language of the case: German

In Case C-374/03, reference for a preliminary ruling under Article 234 EC, from the Verwaltungsgericht Sigmaringen (Germany), made by decision of 31 July 2003, received at the Court on 8 September 2003, in the proceedings Gaye Gürol and Bezirksregierung Köln, the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Lenaerts, J.N. Cunha Rodrigues (Rapporteur), E. Juhász and M. Ilešič, Judges; L.A. Geelhoed, Advocate General, M.-F. Contet, Principal Administrator, has given a judgment on 7 July 2005, the operative part of which is as follows:

Gaye Gürol

Bezirksregierung Köln

| 1. | The first sentence of Article 9 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association, adopted by the Association Council created under the agreement establishing an association between the European Economic Community and Turkey, has direct effect in the Member States. |
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1.

The first sentence of Article 9 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association, adopted by the Association Council created under the agreement establishing an association between the European Economic Community and Turkey, has direct effect in the Member States.

| 2. | The condition of residing with parents in accordance with the first sentence of Article 9 is met in the case of a Turkish child who, after residing legally with his parents in the host Member State, establishes his main residence in the place in the same Member State in which he follows his university studies, while declaring his parents' home to be his secondary residence only. |
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2.

The condition of residing with parents in accordance with the first sentence of Article 9 is met in the case of a Turkish child who, after residing legally with his parents in the host Member State, establishes his main residence in the place in the same Member State in which he follows his university studies, while declaring his parents' home to be his secondary residence only.

| 3. | The second sentence of Article 9 of Decision No 1/80 has direct effect in the Member States. That provision guarantees Turkish children a non-discriminatory right of access to education grants, such as that provided for under the legislation at issue in the main proceedings, that right being theirs even when they pursue higher education studies in Turkey. |
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3.

The second sentence of Article 9 of Decision No 1/80 has direct effect in the Member States. That provision guarantees Turkish children a non-discriminatory right of access to education grants, such as that provided for under the legislation at issue in the main proceedings, that right being theirs even when they pursue higher education studies in Turkey.

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(1)  OJ C 304 of 13.12.2003.

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