Case C-374/03: Reference for a preliminary ruling by the Verwaltungsgericht Sigmaringen by order of that Court of 31 July 2003 in the administrative law case of Gaye Gürol against Landesamt für Ausbildungsförderung Nordrhein-Westfalen
Date: 2003-12-13
Institutions: Court of Justice
Subjects: Türkiye, access to education, foreign national, interpretation of the law, vocational training

13.12.2003

EN

Official Journal of the European Union

C 304/9

No 2307/97 of 18 November 1997 (OJ 1997 L 325,
p. 1), and of Commission Regulation (EC) No 1808/2001 of
30 August 2001 laying down detailed rules concerning the
implementation of Regulation No 338/97 (OJ 2001 L 250,
p. 1), the Court (Sixth Chamber), composed of: J.-P. Puissochet,
President of the Chamber, C. Gulmann, F. Macken, N. Colneric
(Rapporteur) and J.N. Cunha Rodrigues, Judges; C. Stix-Hackl,
Advocate General; R. Grass, Registrar, has given a judgment
on 23 October 2003, in which it has ruled:

1. Articles 2(w) and 8(3)(b) of Council Regulation (EC) No 338/
97 of 9 December 1996 on the protection of species of wild
fauna and flora by regulating trade therein, as amended by
Commission Regulation (EC) No 2307/97 of 18 November
1997 are to be interpreted as meaning that the animals referred
to in Annex A to that regulation but which have been stuffed
fall within the definition of ‘worked specimens’ for the purposes
of those provisions.

2. Article 8(3)(b) of Regulation No 338/97, as amended by
Regulation No 2307/97, is to be interpreted as meaning that
receiving specimens as a gift or inheriting them, and killing
animals and then taking them into one’s possession, makes
them ‘acquired’ within the meaning of that provision. It is not
necessary that the person who acquired the specimen more than
50 years previously be the present owner.

3. Notwithstanding the provision in the second paragraph of
Article 32 of Commission Regulation (EC) No 1808/2001 of
30 August 2001 laying down detailed rules concerning the
implementation of Regulation No 338/97, Article 8(3)(b) of
the latter regulation must be interpreted as meaning that the
management authority of the Member State concerned must
have been able to ascertain that the specimen in question was
acquired in accordance with the conditions laid down in
Article 2(w) of Regulation No 338/97, as amended by
Regulation No 2307/97.

(1) OJ C 144 of 15.6.2002.

for a preliminary ruling in the administrative law case of
Gaye Gürol against Landesamt
für Ausbildungsförderung
Nordrhein-Westfalen on the following questions:

1. Does the first sentence of Article 9 of Decision No 1/80
of the EEC/Turkey Association Council have direct effect
in the domestic legal systems of Member States of the
European Community, so that Turkish children residing
legally in a Member State of the Community with their
parents who are or have been legally employed in that
Member State, and who have the same qualifications as
the children of nationals of that Member State, are entitled
to equal access to general education, apprenticeship and
vocational training?

2.

If Question 1 is answered in the affirmative:

Do Turkish children still qualify as ‘residing legally with
their parents’ if they establish and maintain their own
principal residence at the place of their university edu-
cation and are registered with only a subsidiary residence
at their parents’ address?

3.

If Question 2 is answered in the affirmative:

Does the first sentence of Article 9 of Decision No 1/80
of the EEC/Turkey Association Council confer on the
beneficiaries of that provision entitlement not only to
equal access to educational facilities but also to equal
access to State benefits granted by the Member State with
the aim of
facilitating participation in education or
training, or is Article 9 of Decision No 1/80 of the EEC/
Turkey Association Council to be interpreted as reserving
to Member States the possibility of making the grant of
social benefits in the area of education subject to other
conditions or of limiting those benefits?

4.

If Questions 2 and 3 are answered in the affirmative:

Does that also apply to a university education in the
Turkish homeland for the beneficiaries?

Reference for a preliminary ruling by the Verwaltungsger-
icht Sigmaringen by order of that Court of 31 July
2003 in the administrative law case of Gaye Gürol
against Landesamt für Ausbildungsförderung Nordrhein-
Westfalen

Action brought on 25 September 2003 by the Italian
Republic against the Commission of the European Com-
munities

(Case C-374/03)

(2003/C 304/13)

(Case C-401/03)

(2003/C 304/14)

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
Sigmaringen (Administrative Court, Sigmaringen) of 31 July
2003, received at the Court Registry on 8 September 2003,

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 25 September 2003 by the Italian Republic
represented by Ivo Maria Braguglia, acting as Agent and
Antonio Cingolo, Avvocato dello Stato.