# C_2010080EN.01000402.xml

| 27.3.2010 | EN | Official Journal of the European Union | C 80/4 |
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27.3.2010

EN

Official Journal of the European Union

C 80/4

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Judgment of the Court (Second Chamber) of 4 February 2010 (reference for a preliminary ruling from the Verwaltungsgericht Berlin (Germany)) — Hava Genc v Land Berlin

(Case C-14/09) (1)

1

(EEC-Turkey Association Agreement - Decision No 1/80 of the Association Council - Article 6(1) - Concept of ‘worker’ - Exercise of minor employment - Condition governing loss of acquired rights)

2010/C 80/07

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Parties to the main proceedings

Applicant: Hava Genc

Applicant:

Defendant: Land Berlin

Defendant:

Re:

Re:

Reference for a preliminary ruling — Verwaltungsgericht Berlin (Germany) — Interpretation of Article 6(1) of Decision No 1/80 of the EEC/Turkey Association Council — Right to remain of a Turkish national whose entry into the territory of the host Member State was based on a ground which no longer exists and whose professional activity, amounting to 5.5 hours per week, is merely minor — Minimum characteristics of a working relationship required for it to be considered ‘regular employment’ within the meaning of Decision No 1/80

Operative part of the judgment

Operative part of the judgment

| 1. | A person in a situation such as that of the applicant in the main proceedings is a worker within the meaning of Article 6(1) of Decision No 1/80 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, provided that the employment in question is real and genuine. It is for the national court to carry out the examinations of fact necessary to determine whether that is so in the case pending before it. |
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1.

A person in a situation such as that of the applicant in the main proceedings is a worker within the meaning of Article 6(1) of Decision No 1/80 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, provided that the employment in question is real and genuine. It is for the national court to carry out the examinations of fact necessary to determine whether that is so in the case pending before it.

| 2. | A Turkish worker, within the meaning of Article 6(1) of Decision No 1/80, may rely on the right to free movement which he derives from the Agreement establishing an Association between the European Economic Community and Turkey, even if the purpose for which he entered the host Member State no longer exists. Where such a worker satisfies the conditions set out in Article 6(1) of that decision, his right of residence in the host Member State cannot be made subject to additional conditions as to the existence of interests capable of justifying residence or as to the nature of the employment. |
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2.

A Turkish worker, within the meaning of Article 6(1) of Decision No 1/80, may rely on the right to free movement which he derives from the Agreement establishing an Association between the European Economic Community and Turkey, even if the purpose for which he entered the host Member State no longer exists. Where such a worker satisfies the conditions set out in Article 6(1) of that decision, his right of residence in the host Member State cannot be made subject to additional conditions as to the existence of interests capable of justifying residence or as to the nature of the employment.

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(1)  OJ C 102, 1.5.2009.

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