Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-373/03: Reference for a preliminary ruling from the Verwaltungsgericht Freiburg in Ceyhun Aydinli v Land Baden-Württemberg (EEC-Turkey Association — Free movement of workers — Decision No 1/80 of the Association Council — Articles 6 and 7 — Criminal conviction — Prison sentence — Effect on right of residence)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: Germany, Türkiye, detention before trial, employment policy, established right, interpretation of the law, labour market, migrant worker

C 217/10

EN

Official Journal of the European Union

3.9.2005

2. Orders the Hellenic Republic to pay the costs.

JUDGMENT OF THE COURT

(1) OJ C 251 of 18.10.2003.

(Fifth Chamber)

of 7 July 2005

JUDGMENT OF THE COURT

(Third Chamber)

of 21 July 2005

in Case C-373/03: Reference for a preliminary ruling from
the Verwaltungsgericht Freiburg in Ceyhun Aydinli v Land
Baden-Württemberg (1)

(EEC-Turkey Association — Free movement of workers —
Decision No 1/80 of the Association Council — Articles 6
and 7 — Criminal conviction — Prison sentence — Effect on
right of residence)

in Case C-370/03: Hellenic Republic v Commission of the
European Communities (1)

(EAGGF — Financial treatment to be applied in the context
of clearance of expenditure financed)

(2005/C 217/18)

(Language of the case: Greek)

In Case C-370/03: Hellenic Republic (Agents: G. Kanello-
poulos and V. Kontolaimos) v Commission of the European
Communities (Agent: M. Condou-Durande, assisted by N.
Korogiannakis) — ACTION for annulment under Article 230
EC, brought on 27 August 2003 — the Court
(Third
Chamber), composed of A. Rosas (Rapporteur), President of the
Chamber, J.-P. Puissochet, S. von Bahr, U. Lõhmus and A. Ó
Caiomh, Judges; D. Ruiz-Jarabo Colomer, Advocate General; H.
von Holstein, Deputy Registrar, for the Registrar, gave a judg-
ment on 21 July 2005, in which it:

1. Annuls Commission Decision 2003/481/EC of 27 June 2003
on the financial treatment to be applied, in the context of clearance
of expenditure financed by the European Agricultural Guidance
and Guarantee Fund Guarantee Section, in certain cases of irregu-
in so far as it relates to the amount of
larity by operators,
GRD 14 272 278 (EUR 41 884.90) mentioned in Annex I
thereto, headed ‘Amounts to be charged to the national budget’;

2. Orders each party to bear its own costs.

(1) OJ C 251, 18.10.2003.

(2005/C 217/19)

(Language of the case: German)

In Case C-373/03: reference for a preliminary ruling under
Article 234 EC from the Verwaltungsgericht
Freiburg
(Germany), made by decision of 12 March 2003, received at
the Court on 5 September 2003, in the proceedings between
Ceyhun Aydinli and Land Baden-Württemberg — the Court
(Fifth Chamber), composed of R. Silva de Lapuerta, President of
the Chamber, R. Schintgen (Rapporteur) and P. Kūris, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
gave a judgment on 7 July 2005, in which it ruled:

A Turkish national who enjoys the right of free access to any paid
employment of his choice under the second indent of the first sentence
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, does not forfeit that
right either as a result of his prolonged absence from the labour
market due to imprisonment, even for a period of several years
followed by long-term drug treatment, or on account of the fact that
at the time of the decision to expel him he was an adult and no
longer resided with the Turkish worker from whom he derived his
right of residence but lived independently.

(1) OJ C 21 of 24.1.2005.