Judgment — ECLI:EU:C:2005:436
Date: 2005-07-07
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Association Agreement;External relations;Free movement of workers
Concepts: The various agreements concluded by the Community
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment International agreements — EEC-Turkey Association Agreement — Association Council established by the EEC-Turkey Association Agreement — Decision No 1/80 — Freedom of movement for persons — Workers — Access by Turkish nationals duly registered as belonging to the labour market of a Member State to paid employment of their choice in that Member State and the corresponding residence permit – Limitation of rights on the ground of prolonged absence from the labour market as a result of imprisonment — Not permissible (Decision No 1/80 of the EEC-Turkey Association Council, Art. 6(1), and Art. 14(1)) A Turkish national who, after four years of legal employment, enjoys the right of free access to any paid employment of his choice under the third indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council does not forfeit that right because he is not in employment during his imprisonment, even for several years, if his absence from the labour market of the host Member State is only temporary. The employment rights conferred by that provision on the person concerned and the concomitant right of residence may be limited only on grounds of public policy, public security and public health pursuant to Article 14(1) of Decision No 1/80, or on account of the fact that the Turkish national concerned has failed to find new paid employment within a reasonable time after his release. (see para. 25, operative part)