# C_2020262EN.01001401.xml

| 10.8.2020 | EN | Official Journal of the European Union | C 262/14 |
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10.8.2020

EN

Official Journal of the European Union

C 262/14

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Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 May 2020 — BY, CX, FU, DW, EV v Stadt Duisburg

(Case C-194/20)

(2020/C 262/17)

Language of the case: German

Referring court

Verwaltungsgericht Düsseldorf

Parties to the main proceedings

Applicants: BY, CX, FU, DW, EV

Defendant: Stadt Duisburg

Questions referred

| 1. | Does the entitlement of Turkish children under the first sentence of Article 9 of Decision No 1/80 (1) also include a right of residence in the host Member State without the need to fulfil further conditions? |
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1.

Does the entitlement of Turkish children under the first sentence of Article 9 of Decision No 1/80 (1) also include a right of residence in the host Member State without the need to fulfil further conditions?

| 2. | If Question 1 is answered in the affirmative:






  (a) | Does an entitlement to residence under the first sentence of Article 9 of Decision No 1/80 require that the parents of the Turkish children benefiting from that provision have already acquired rights under Article 6(1) or Article 7 of Decision No 1/80? |
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2.

If Question 1 is answered in the affirmative:

(a)

Does an entitlement to residence under the first sentence of Article 9 of Decision No 1/80 require that the parents of the Turkish children benefiting from that provision have already acquired rights under Article 6(1) or Article 7 of Decision No 1/80?

| (b) | If Question 2(a) is answered in the negative: Is legal employment within the meaning of the first sentence of Article 9 of Decision No 1/80 to be interpreted in the same way as in Article 6(1) of Decision No 1/80? |
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(b)

If Question 2(a) is answered in the negative: Is legal employment within the meaning of the first sentence of Article 9 of Decision No 1/80 to be interpreted in the same way as in Article 6(1) of Decision No 1/80?

| (c) | If Question 2(a) is answered in the negative: Can an entitlement to residence in respect of Turkish children under the first sentence of Article 9 of Decision No 1/80 already arise after one of the parents has been in legal employment in the host Member State for a period of (only) three months? |
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(c)

If Question 2(a) is answered in the negative: Can an entitlement to residence in respect of Turkish children under the first sentence of Article 9 of Decision No 1/80 already arise after one of the parents has been in legal employment in the host Member State for a period of (only) three months?

| (d) | If Question 2(a) is answered in the negative: Does the right of residence of Turkish children also entail, without the need to fulfil further conditions, a right of residence for one or both parents with custody? |
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(d)

If Question 2(a) is answered in the negative: Does the right of residence of Turkish children also entail, without the need to fulfil further conditions, a right of residence for one or both parents with custody?

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(1)  Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association.

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