Opinion of the Advocate General — ECLI:EU:C:2002:256
Date: 2002-04-25
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 — Freedom of 
movement for persons — Workers — Access of Turkish nationals to paid employ­
ment of their choice in one of the Member States and the corresponding right of 
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SUMMARY — CASE C-188/00 
residence — Conditions — Worker duly registered as belonging to the labour force 
and in legal employment — Turkish national who has pursued gainful activity in the 
course of vocational training for more than four years and is subsequently 
unemployed — Conditions satisfied 
(Decision No 1/80 of the EEC-Turkey Association Council, Art. 6(1)) 
2. International agreements — EEC-Turkey Association Agreement — Freedom of 
movement for persons — Workers — Expulsion of a Turkish national enjoying the 
rights conferred by a provision of Decision No 1/80 — National legislation pro­
hibiting issue of a residence authorisation where a time-limit has not been placed on the 
effects of the expulsion — Not permissible 
(Decision No 1/80 of the EEC-Turkey Association Council) 
1. On a proper cons t ruc t ion of 
Article 6(1) of Decision No 1/80 of 
the EEC-Turkey Association Council, 
a Turkish national: 
— who was authorised to enter the 
territory of a Member State with a 
visa 'valid only for the purpose of 
vocational training', 
— who subsequently received a tem­
porary residence authorisation 
restricted to vocational training 
activity with a specific employer, 
and 
— who, in this context, has lawfully 
pursued a genuine and effective 
economic activity for that employer 
in return for which he has received 
remuneration corresponding to the 
work performed, 
is a worker duly registered as belonging 
to the labour force of that Member 
State and legally employed there for the 
purposes of the said provision. 
Where such a Turkish national has thus 
worked for that employer for an unin­
terrupted period of at least four years, 
he enjoys in the host Member State, in 
accordance with the third indent of 
Article 6(1) of Decision No 1/80, the 
right of free access to any paid employ­
ment of his choice and a corresponding 
right of residence. 
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KURZ 
Where such a worker ¡s unemployed 
after his training contract has ended, he 
does not forfeit, as a result of not 
working for a certain period, the rights 
conferred on him directly by that 
article. Such a Turkish worker has not 
left the labour market of the host 
Member State for good and may claim 
there an extension of his residence 
authorisation for the purposes of con­
tinuing to exercise his right of free 
access to any paid employment of his 
choice under the foregoing provision. 
(see paras 58-59, 61, 
operative part 1) 
2. Where a Turkish national who fulfils 
the conditions laid down in a provision 
of Decision No 1/80 of the EEC-Tur­
key Association Council and therefore 
enjoys the rights which it confers has 
been expelled, Community law pre­
cludes application of national legis­
lation concerning the control of aliens 
under which issue of a residence auth­
orisation must be refused until a time-
limit has been placed on the effects of 
the expulsion order. The Member 
States cannot adopt legislation or apply 
a measure relating to residence of a 
Turkish national on their territory 
which is liable to impede the exercise 
of rights expressly granted by Commu­
nity law to such a national. 
(see paras 67, 70, 
operative part 2) 
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