Judgment of the Court (Sixth Chamber) of 19 November 2002 in Case C-188/00 (Reference for a preliminary ruling from the Verwaltungsgericht Karlsruhe): Bülent Kurz, né Yüce, v Land Baden-Württemberg (EEC-Turkey Association Agreement — Freedom of movement for workers — Article 6(1) of Decision No 1/80 of the Association Council — Scope — Registration as duly belonging to the labour force of a Member State — Turkish national pursuing gainful activity in the course of vocational training — Effects of an expulsion order)
Date: 2003-01-11
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, admission of aliens, foreign national, interpretation of the law, rights of aliens

11.1.2003

EN

Official Journal of the European Communities

C 7/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 19 November 2002

1. On a proper construction of Article 6(1) of Decision No 1/80
of 19 September 1980 on the development of the Association,
adopted by the Association Council established by the Associ-
ation Agreement between the European Economic Community
and Turkey, a Turkish national:

in Case C-188/00 (Reference for a preliminary ruling from
the Verwaltungsgericht Karlsruhe): Bülent Kurz, né Yüce,
v Land Baden-Württemberg (1)

(EEC-Turkey Association Agreement — Freedom of move-
ment for workers — Article 6(1) of Decision No 1/80 of the
Association Council — Scope — Registration as duly
belonging to the labour force of a Member State — Turkish
national pursuing gainful activity in the course of vocational
training — Effects of an expulsion order)

(2003/C 7/01)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-188/00: Reference to the Court under Article 234
EC by the Verwaltungsgericht Karlsruhe (Germany) for a
preliminary ruling in the proceedings pending before that
court between Bülent Kurz, né Yüce, and Land Baden-
Württemberg, on the interpretation of Article 6(1) and the
second paragraph of Article 7 of Decision No 1/80 of
19 September 1980 on the development of the Association,
adopted by the Association Council established by the Associ-
ation Agreement between the European Economic Community
and Turkey,
(Sixth Chamber), composed of:
R. Schintgen (Rapporteur), President of the Second Chamber,
acting for the President of the Sixth Chamber, C. Gulmann,
V. Skouris, F. Macken and N. Colneric,
Judges; P. Léger,
Advocate General; H. von Holstein, Deputy Registrar, has
given a judgment on 19 November 2002, in which it has
ruled:

the Court

— 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 temporary residence authoris-
training activity with a

ation restricted to vocational
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 uninterrupted 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 employment of his choice and a corresponding
right of residence.

2. Where a Turkish national who fulfils the conditions laid down
in a provision of Decision No 1/80 and therefore enjoys the
rights which it confers has been expelled, Community law
precludes application of national legislation under which issue
of a residence authorisation must be refused until a time-limit
has been placed on the effectts of the expulsion order.

(1) OJ C 247 of 26.8.2000.