# C_2005006EN.01001101.xml

| 8.1.2005 | EN | Official Journal of the European Union | C 6/11 |
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8.1.2005

EN

Official Journal of the European Union

C 6/11

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 11 November 2004

in Case C-467/02 (reference for a preliminary ruling from the Verwaltungsgericht Stuttgart): Inan Cetinkaya v Land Baden-Württemberg (1)

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(EEC-Turkey Association Agreement - Freedom of movement for workers - Articles 7, first indent, and 14(1) of Decision No 1/80 of the Association Council - Right of residence of the child of a Turkish worker after he has attained his majority - Conditions of an expulsion order - Criminal convictions)

(2005/C 6/18)

Language of the case: German

In Case C-467/02: reference for a preliminary ruling under Article 234 EC from the Verwaltungsgericht Stuttgart (Germany), made by decision of 19 December 2002, received at the Court on 27 December 2002, in the proceedings between Inan Cetinkaya and Land Baden-Württemberg - the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, J.-P. Puissochet, J.N. Cunha Rodrigues (Rapporteur), R. Schintgen and N. Colneric, Judges; P. Léger, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 11 November 2004, in which it has ruled:

| 1. | The first paragraph of Article 7 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 must be interpreted as applying to a person who has attained his majority and is the child of a Turkish worker duly registered as belonging to the labour force of the host Member State, even though that person was born in and has always resided in the host State. |
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1.

The first paragraph of Article 7 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 must be interpreted as applying to a person who has attained his majority and is the child of a Turkish worker duly registered as belonging to the labour force of the host Member State, even though that person was born in and has always resided in the host State.

| 2. | The first paragraph of Article 7 of Decision No 1/80 precludes the rights conferred by that provision on a Turkish national in Mr Cetinkaya's situation from being limited, after the imposition of a custodial sentence followed by a course of detoxication, on the ground of prolonged absence from the labour force. |
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2.

The first paragraph of Article 7 of Decision No 1/80 precludes the rights conferred by that provision on a Turkish national in Mr Cetinkaya's situation from being limited, after the imposition of a custodial sentence followed by a course of detoxication, on the ground of prolonged absence from the labour force.

| 3. | Article 14 of Decision No 1/80 precludes national courts, when reviewing the lawfulness of the expulsion of a Turkish national, from not taking into consideration factual matters which occurred after the final decision of the competent authorities and which no longer justify a limitation of the rights of the person concerned within the meaning of that provision. |
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3.

Article 14 of Decision No 1/80 precludes national courts, when reviewing the lawfulness of the expulsion of a Turkish national, from not taking into consideration factual matters which occurred after the final decision of the competent authorities and which no longer justify a limitation of the rights of the person concerned within the meaning of that provision.

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(1)   OJ C 70 of 22.3.2003.

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