Judgment — ECLI:EU:C:2005:434
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: Germany

Summary of the Judgment International agreements — EEC-Turkey Association Agreement — Association Council established by the EEC-Turkey Association Agreement — Decision No 1/80 — Family reunification — Access by family members of a Turkish worker duly registered as belonging to the labour force of a Member State to paid employment of their choice in that Member State — Limitation of rights on account of a prolonged absence from the labour market as a result of a term of imprisonment followed by drug treatment or on account of the fact that the family members ceased to reside with the Turkish worker — Not permissible (Decision No 1/80 of the EEC-Turkey Association Council, Art. 7, first para.) A Turkish national who is a family member of a Turkish worker who, after having been legally resident for at least five years in the host Member State, enjoys the right of free access to any paid employment of his choice under the second indent of the first sentence of Article 7 of Decision No 1/80 of the EEC-Turkey Association Council, does not forfeit that right either as a result of his prolonged absence from the labour market due to imprisonment, even for a period of several years, followed by long-term drug treatment, or on account of the fact that at the time of the decision to expel him the person concerned was an adult and no longer resided with the Turkish worker from whom he derived his right of residence, but lived independently. (see para. 32, operative part)