Judgment of the Court (Second Chamber) of 30 September 2004 in Case C-275/02 (reference for a preliminary ruling from the Verwaltungsgericht Stuttgart): Engin Ayaz v Land Baden-Württemberg (EEC-Turkey Association — Freedom of movement for workers — First paragraph of Article 7 of Decision No 1/80 of the Association Council — Personal scope — Concept of ‘member of the family’ of a Turkish worker duly registered as belonging to the labour force of a Member State — Stepson of such a worker)
Date: 2004-11-20
Institutions: Court of Justice
Subjects: family by marriage, family law, interpretation of the law, worker (EU)

20.11.2004

EN

Official Journal of the European Union

C 284/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Second Chamber)

of 30 September 2004

has been duly authorised to join that worker in the host Member
State.

(1) OJ C 261, 26.10.2002.

in Case C-275/02 (reference for a preliminary ruling from
the Verwaltungsgericht Stuttgart): Engin Ayaz v Land
Baden-Württemberg (1)

(EEC-Turkey Association — Freedom of movement
for
workers — First paragraph of Article 7 of Decision No 1/80
of the Association Council — Personal scope — Concept of
‘member of the family’ of a Turkish worker duly registered
as belonging to the labour force of a Member State —
Stepson of such a worker)

(2004/C 284/01)

(Language of the case: German)

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

In Case C-275/02: reference for a preliminary ruling under
Article 234 EC from the Verwaltungsgericht
Stuttgart
(Germany), made by decision of 11 July 2002, received at the
in the proceedings between Engin
Court on 26 July 2002,
Ayaz and Land Baden-Württemberg — the Court
(Second
Chamber), composed of: C.W.A. Timmermans, President of the
Chamber, C. Gulmann, J.N. Cunha Rodrigues and R. Schintgen
(Rapporteur), and F. Macken, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on 30
September 2004, in which it has ruled:

The first paragraph of Article 7 of Decision No 1/80 of the Associa-
tion Council of 19 September 1980 on the development of the Asso-
ciation, adopted by the Association Council established by the Asso-
ciation Agreement between the European Economic Community and
Turkey, is to be interpreted as meaning that a stepson who is under
the age of 21 years or is a dependant of a Turkish worker duly regis-
tered as belonging to the labour force of a Member State is a member
of the family of that worker, for the purposes of that provision, and
enjoys the rights conferred on him by that decision, provided that he

JUDGMENT OF THE COURT

(Second Chamber)

of 23 September 2004

in Case C-280/02 Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Directive
91/271/EEC — Urban waste water treatment — Article 5(1)
and (2) and Annex II — Failure to identify sensitive areas —
Meaning of ‘eutrophication’ — Failure to implement more
stringent treatment of discharges into sensitive areas)

(2004/C 284/02)

(Language of the case: French)

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

In Case C-280/02: Commission of the European Communities
(Agents: M. Nolin and subsequently G. Valero Jordana and F.
Simonetti) against French Republic (Agents: G. de Bergues, D.
Petrausch and E. Puisais) — action under Article 226 EC for
failure to fulfil obligations, brought on 30 July 2002, the Court
(Second Chamber), composed of: C.W.A. Timmermans, Presi-
dent of the Chamber, J.-P. Puissochet, R. Schintgen, F. Macken
(Rapporteur) and N. Colneric, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on 23
September 2004, in which it:

1. Declares that, by having failed: