Judgment of the Court (Third Chamber) of 2 June 2005 in Case C-136/03: Reference for a preliminary ruling from the Verwaltungsgerichtshof Georg Dörr v Sicherheitsdirektion für das Bundesland Kärnten and Ibrahim Ünal v Sicherheitsdirektion für das Bundesland Vorarlberg (Free movement of persons — Public policy — Directive 64/221/EEC — Articles 8 and 9 — Refusal of residence permit and deportation order on criminal grounds — Appeal only on the legality of the measure ending the right of residence of the claimant — Appeal having no suspensory effect — Right of the claimant to submit observations on appropriateness before a body liable to give an opinion — EEC-Turkey Association Agreement — Free movement of workers — Articles 6(1) and 14(1) of Decision No 1/80 of the Association Council)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: Türkiye, foreign national, interpretation of the law, migrant, public health, public safety, right of asylum

23.7.2005

EN

Official Journal of the European Union

C 182/5

JUDGMENT OF THE COURT

by Article 6 or Article 7 of Decision No 1/80 of the Association
Council of 19 September 1980 on the development of the Asso-
ciation.

(Third Chamber)

of 2 June 2005

(1) OJ C 135, 7.6.2003.

in Case C-136/03: Reference for a preliminary ruling from
the Verwaltungsgerichtshof Georg Dörr v Sicherheits-
direktion für das Bundesland Kärnten and Ibrahim Ünal v
Sicherheitsdirektion für das Bundesland Vorarlberg (1)

(Free movement of persons — Public policy — Directive
64/221/EEC — Articles 8 and 9 — Refusal of residence
permit and deportation order on criminal grounds — Appeal
only on the legality of the measure ending the right of resi-
dence of the claimant — Appeal having no suspensory effect
— Right of the claimant to submit observations on appropri-
ateness before a body liable to give an opinion — EEC-
Turkey Association Agreement — Free movement of workers
— Articles 6(1) and 14(1) of Decision No 1/80 of the Asso-
ciation Council)

JUDGMENT OF THE COURT

(Second Chamber)

of 26 May 2005

in Case C-212/03: Commission of the European Commu-
nities v French Republic (1)

(2005/C 182/09)

(Language of the case: German)

(Failure of a Member State to fulfil obligations — Measures
having equivalent effect — Prior authorisation procedure for
personal imports of medicinal products — Medicinal products
for human consumption — Homeopathic medicinal products)

In Case C-136/03: reference for a preliminary ruling under
Article 234 EC from the Verwaltungsgerichtshof
(Higher
Administrative Court) (Austria), made by decision of 18 March
2003, received at the Court on 26 March 2003, in the proceed-
ings Georg Dörr v Sicherheitsdirektion für das Bundesland
Kärnten and Ibrahim Ünal v Sicherheitsdirektion für das
Bundesland Vorarlberg — the Court
(Third Chamber)
composed of A. Rosas (Rapporteur), President of the Chamber,
A. Borg Barthet, S. von Bahr, J. Malenovský and U. Lõhmus,
Judges; M. Poiares Maduro, Advocate General; M. Múgica Arza-
mendi, Principal Administrator, for the Registrar, gave a judg-
ment on 2 June 2005, the operative part of which is as follows:

1. Article 9(1) of Council Directive 64/221/EEC of 25 February
1964 on the coordination of special measures concerning the
movement and residence of foreign nationals which are justified on
grounds of public policy, public security or public health is to be
interpreted as precluding legislation of a Member State under
which appeals brought against a decision to expel a national of
another Member State from the territory of that first Member
State have no suspensory effect and, at the time of examination of
such appeal, the decision to expel can be the subject only of an
assessment as to its legality, inasmuch as no competent authority
within the meaning of that provision has been established.

2. The procedural guarantees set out in Articles 8 and 9 of Directive
64/221 apply to Turkish nationals whose legal status is defined

(2005/C 182/10)

(Language of the case: French)

In Case C-212/03: Commission of the European Commu-
nities (Agents: H. Støvlbæk and B. Stromsky) v French
Republic (Agents: G. de Bergues, C. Bergeot-Nunes and R.
Loosli-Surrans) — action under Article 226 EC for failure to
fulfil obligations, brought on 15 May 2003 — the Court
(Second Chamber), composed of C.W.A. Timmermans, Presi-
dent of the Chamber, C. Gulmann (Rapporteur), R. Schintgen,
J. Makarczyk and J. Klučka, Judges; L.A. Geelhoed, Advocate
General; M. Múgica Arzamendi, Principal Administrator, for the
Registrar, gave a judgment on 26 May 2005, in which it:

1. Declares that, by applying:

— a prior authorisation procedure to personal

imports, not
effected by personal transport, of medicinal products lawfully
prescribed in France and authorised under Council Directive
65/65/EEC of 26 January 1965 on the approximation of
provisions laid down by law, regulation or administrative
action relating to proprietary medicinal products, as amended
by Council Directive 93/39/EEC of 14 June 1993, both in
France and in the Member State where they are purchased;