# C_2005281EN.01000701.xml

| 12.11.2005 | EN | Official Journal of the European Union | C 281/7 |
| --- | --- | --- | --- |

12.11.2005

EN

Official Journal of the European Union

C 281/7

---

Reference for a preliminary ruling from the Verwaltungsgericht Darmstadt by order of that court of 17 August 2005 in Ismail Derin v Landkreis Darmstadt-Dieburg

(Case C-325/05)

(2005/C 281/13)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Verwaltungsgericht Darmstadt of 17 August 2005, received at the Court Registry on 26 August 2005, for a preliminary ruling in the proceedings between Ismail Derin and Landkreis Darmstadt-Dieburg on the following questions:

| 1. | Does a Turkish national who, as a child, joined his parents who were employed as workers in the Federal Republic of Germany, and lived with them as a family, lose his right of residence derived from the right under the second indent of the first paragraph of Article 7 of Decision No 1/80 of the EEC/Turkey Association Council (‘Decision No 1/80’) to free access to any paid employment — apart from in cases under Article 14 of Decision No 1/80 or where he leaves the host Member State without legitimate reason for a significant period of time — also where he has attained the age of 21 and no longer lives with or is maintained by his parents?
  If the answer to the first question is in the affirmative: |
| --- | --- |

1.

Does a Turkish national who, as a child, joined his parents who were employed as workers in the Federal Republic of Germany, and lived with them as a family, lose his right of residence derived from the right under the second indent of the first paragraph of Article 7 of Decision No 1/80 of the EEC/Turkey Association Council (‘Decision No 1/80’) to free access to any paid employment — apart from in cases under Article 14 of Decision No 1/80 or where he leaves the host Member State without legitimate reason for a significant period of time — also where he has attained the age of 21 and no longer lives with or is maintained by his parents?

If the answer to the first question is in the affirmative:

| 2 | Notwithstanding the loss of his legal status under the second indent of the first paragraph of Article 7 of Decision No 1/80, does that Turkish national enjoy special protection against expulsion under Article 14 of Decision No 1/80 where, after having ceased to live with his parents as a family, he was employed from time to time but has not acquired in his own right the legal status conferred by Article 6(1) of Decision No 1/80 by virtue of being a worker and for a number of years has worked exclusively on a self-employed basis? |
| --- | --- |

2

Notwithstanding the loss of his legal status under the second indent of the first paragraph of Article 7 of Decision No 1/80, does that Turkish national enjoy special protection against expulsion under Article 14 of Decision No 1/80 where, after having ceased to live with his parents as a family, he was employed from time to time but has not acquired in his own right the legal status conferred by Article 6(1) of Decision No 1/80 by virtue of being a worker and for a number of years has worked exclusively on a self-employed basis?

---