# C_2014009EN.01000902.xml

| 11.1.2014 | EN | Official Journal of the European Union | C 9/9 |
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11.1.2014

EN

Official Journal of the European Union

C 9/9

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Judgment of the Court (Second Chamber) of 7 November 2013 (request for a preliminary ruling from the Raad van State — Netherlands) — C. Demir v Staatssecretaris van Justitie

(Case C-225/12) (1)

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(Request for a preliminary ruling - EEC-Turkey Association Agreement - Article 13 of Decision No 1/80 of the Association Council - ‘Standstill’ clauses - ‘Legally resident’)

2014/C 9/13

Language of the case: Dutch

Referring court

Referring court

Raad van State

Parties to the main proceedings

Parties to the main proceedings

Applicant: C. Demir

Applicant:

Defendant: Staatssecretaris van Justitie

Defendant:

Re:

Re:

Request for a preliminary ruling — Raad van State (Netherlands) — Interpretation of Article 13 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council established under the EEC/Turkey Association Agreement — Prohibition on the introduction by Member States of new restrictions on access to the labour market for Turkish workers who are legally resident and employed in their respective territories — National legislation laying down a substantive and/or formal condition governing the first admission of Turkish nationals to national territory — Requirement of possession of a temporary residence permit prior to entry into the Netherlands and prior to application for a residence permit — Paragraph 85 of the Court’s judgment in Joined Cases C-317/01 (Abatay) and C-369/01 (Sahin) [2003] ECR I 12301

Abatay

Sahin

Operative part of the judgment

Operative part of the judgment

| 1. | Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association, adopted by the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963 by the Republic of Turkey, of the one part, and by the Member States of the EEC and the Community, of the other part, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963, must be interpreted as meaning that where a measure taken by a host Member State seeks to define the criteria for the lawfulness of the Turkish nationals’ situation, by adopting or amending the substantive and/or procedural conditions relating to entry, residence and, where applicable, employment, of those nationals in its territory, and where those conditions constitute a new restriction of the exercise of the freedom of movement of Turkish workers, within the meaning of the ‘standstill’ clause set out in Article 13, the mere fact that the purpose of the measure is to prevent, before an application for a residence permit is made, unlawful entry and residence, does not preclude the application of that clause. |
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1.

Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association, adopted by the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963 by the Republic of Turkey, of the one part, and by the Member States of the EEC and the Community, of the other part, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963, must be interpreted as meaning that where a measure taken by a host Member State seeks to define the criteria for the lawfulness of the Turkish nationals’ situation, by adopting or amending the substantive and/or procedural conditions relating to entry, residence and, where applicable, employment, of those nationals in its territory, and where those conditions constitute a new restriction of the exercise of the freedom of movement of Turkish workers, within the meaning of the ‘standstill’ clause set out in Article 13, the mere fact that the purpose of the measure is to prevent, before an application for a residence permit is made, unlawful entry and residence, does not preclude the application of that clause.

| 2. | Article 13 of Decision No 1/80, must be interpreted as meaning that holding a temporary residence permit, which is valid only pending a final decision on the right of residence, does not fall within the meaning of ‘legally resident’. |
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2.

Article 13 of Decision No 1/80, must be interpreted as meaning that holding a temporary residence permit, which is valid only pending a final decision on the right of residence, does not fall within the meaning of ‘legally resident’.

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(1)  OJ C 243, 11.8.2012

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