Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-467/02 (reference for a preliminary ruling from the Verwaltungsgericht Stuttgart): Inan Cetinkaya v Land Baden-Württemberg (EEC-Turkey Association Agreement — Freedom of movement for workers — Articles 7, first indent, and 14(1) of Decision No 1/80 of the Association Council — Right of residence of the child of a Turkish worker after he has attained his majority — Conditions of an expulsion order — Criminal convictions)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: imprisonment, interpretation of the law, job access, labour market, narcotic, residence permit, unemployment

8.1.2005

EN

Official Journal of the European Union

C 6/11

JUDGMENT OF THE COURT

(Second Chamber)

of 11 November 2004

3. Article 14 of Decision No 1/80 precludes national courts, when
reviewing the lawfulness of the expulsion of a Turkish national,
from not taking into consideration factual matters which occurred
after the final decision of the competent authorities and which no
longer justify a limitation of the rights of the person concerned
within the meaning of that provision.

(1) OJ C 70 of 22.3.2003.

in Case C-467/02 (reference for a preliminary ruling from
the Verwaltungsgericht Stuttgart): Inan Cetinkaya v Land
Baden-Württemberg (1)

(EEC-Turkey Association Agreement — Freedom of move-
ment for workers — Articles 7, first indent, and 14(1) of
Decision No 1/80 of the Association Council — Right of resi-
dence of the child of a Turkish worker after he has attained
his majority — Conditions of an expulsion order — Criminal
convictions)

JUDGMENT OF THE COURT

(2005/C 6/18)

(Third Chamber)

(Language of the case: German)

of 11 November 2004

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

the Court on 27 December 2002,

In Case C-467/02: reference for a preliminary ruling under
Article 234 EC from the Verwaltungsgericht
Stuttgart
(Germany), made by decision of 19 December 2002, received
at
in the proceedings
between Inan Cetinkaya and Land Baden-Württemberg - the
Court (Second Chamber), composed of: C.W.A. Timmermans,
President of the Chamber, J.-P. Puissochet, J.N. Cunha Rodri-
Judges;
(Rapporteur), R. Schintgen and N. Colneric,
gues
P. Léger, Advocate General; M. Múgica Arzamendi, Principal
Administrator, for the Registrar, has given a judgment on 11
November 2004, in which it has ruled:

1. The first paragraph of Article 7 of Decision No 1/80 of 19
September 1980 on the development of the Association adopted
by the Association Council set up by the Agreement establishing
an Association between the European Economic Community and
Turkey must be interpreted as applying to a person who has
attained his majority and is the child of a Turkish worker duly
registered as belonging to the labour force of the host Member
State, even though that person was born in and has always resided
in the host State.

2. The first paragraph of Article 7 of Decision No 1/80 precludes
the rights conferred by that provision on a Turkish national in Mr
Cetinkaya's situation from being limited, after the imposition of a
custodial sentence followed by a course of detoxication, on the
ground of prolonged absence from the labour force.

in Case C-73/03 Kingdom of Spain v Commission of the
European Communities (1)

(State aid — Tax benefits for the transfer of agricultural
holdings — Subsidising of loans and guarantees for owners
of agricultural holdings)

(2005/C 6/19)

(Language of the case: Spanish)

the European Communities (Agent:

In Case C-73/03 Kingdom of Spain (Agent: S. Ortiz Vaamonde)
v Commission of
J.L.
Buendía Sierra) – action for annulment under the first para-
graph of Article 230 EC, brought on 19 February 2003 – the
Court (Third Chamber), composed of: A. Rosas, President of
the Chamber, J.-P. Puissochet, S. von Bahr (Rapporteur), J. Male-
novský and U. Lõhmus, Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, gave a judgment on 11 November
2004, in which it:

1. Dismisses the action;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 101 of 26.4.2003.