Opinion of the Advocate General — ECLI:EU:C:2006:202
Date: 2006-03-23
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Association Agreement;External relations;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. 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 of Turkish nationals duly registered as belonging to the labour market of a Member State to employment in that Member State and the corresponding right of residence (Decision No 1/80 of the EEC‑Turkey Association Council, Art. 6(1)) 2. 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 of Turkish nationals duly registered as belonging to the labour market of a Member State to employment in that Member State and the corresponding right of residence (Decision No 1/80 of the EEC‑Turkey Association Council, Art. 6(1) and (2)) 1. The first indent of Article 6(1) of Decision No 1/80 of the EEC‑Turkey Association Council must be interpreted as meaning that a Turkish worker can rely on the rights conferred upon him by that provision only where his paid employment with a second employer complies with the conditions laid down by law and regulation in the host Member State governing entry into its territory and employment. It is for the national court to make the requisite findings in order to establish whether that is the case in respect of a Turkish worker who changed employer prior to expiry of the period of three years provided for in the second indent of Article 6(1) of that decision. (see paras 34, 36, 54, operative part) 2. The second sentence of Article 6(2) of Decision No 1/80 of the EEC‑Turkey Association Council must be interpreted as being intended to ensure that periods of interruption of legal employment on account of involuntary unemployment and long‑term sickness do not affect the rights that the Turkish worker has already acquired owing to preceding periods of employment the length of which is fixed in each of the three indents of that latter provision. (see paras 41-42, 55, operative part)