Case C-4/05: Reference for a preliminary ruling from the Verwaltungsgericht Aachen by order of that court of 29 December 2004, in the case of Hasan Güzeli against Oberbürgermeister der Stadt Aachen
Date: 2005-03-05
Institutions: Court of Justice
Subjects: EU law - national law, discrimination on the basis of nationality, interpretation of the law, migrant worker, residence permit, work permit

5.3.2005

EN

Official Journal of the European Union

C 57/23

Reference for a preliminary ruling from the Verwaltungs-
gericht Aachen by order of that court of 29 December
in the case of Hasan Güzeli against Oberbürger-
2004,

meister der Stadt Aachen

3. Does a change in the legal form of national law governing
permission to work that takes place after the expiry date of
the original residence permit have any effect on the prohibi-
tion on refusal of further residence consequent on Article
10(1) of Decision No 1/80?

(Case C-4/05)

(2005/C 57/37)

(Language of the case: German)

Removal from the register of Case C-11/03 (1)

(2005/C 57/38)

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Verwaltungsgericht Aachen
(Germany) of 29 December 2004 received at the Court Registry
on 6 January 2005, for a preliminary ruling in the case of
Hasan Güzeli against Oberbürgermeister der Stadt Aachen
(Mayor of the town of Aachen) on the following questions:

By order of 25 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-11/03 (reference for a preliminary
ruling from the Raad van State): Boss Pharma NV v Belgische
Staat.

(1) OJ C 55 of 08.03.2003.

1. Does the prohibition of discrimination in Article 10(1) of
Decision No 1/80 preclude a Member State from refusing to
allow a Turkish worker in the position of the claimant, who
was duly registered as belonging to the labour force of the
Member State and had a right of unlimited duration in rela-
tion to employment on the date of expiry of the national
residence permit originally granted to him, to continue to
reside there for the duration of his employment?

Is it material
granted to the Turkish migrant worker

in this context whether the work permit

— was granted under national law without any time-limit

(2005/C 57/39)

Removal from the register of Case C-10/04 (1)

— was granted under national law subject to the continua-
tion of the original residence permit but does not auto-
matically expire when residence authorisation comes to
an end and remains valid until such time as the alien is
no longer entitled to stay in the Member State on even a
temporary basis?

(Language of the case: German)

By order of 1 December 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-10/04: Commission of the Euro-
pean Communities v Republic of Austria.

2. Is the Member State permitted, having regard to Article
10(1) of Decision No 1/80, to refuse to allow a Turkish
worker residence if the latter is employed as a seasonal
worker after the expiry date of the latest residence permit
granted to him – that is to say, if he does not work in the
periods between employment?

(1) OJ C 47 of 21.02.2004.