Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-383/03: Reference for a preliminary ruling from the Verwaltungsgerichtshof in Ergül Dogan v Sicherheitsdirektion für das Bundesland Vorarlberg (EEC-Turkey Association — Free movement of workers — Decision No 1/80 of the Association Council — Article 6(1), third indent, and Article 6(2) — Duly registered as belonging to the labour market of a Member State — Criminal conviction — Prison sentence — Effect on right of residence)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: Türkiye, association agreement (EU), imprisonment, interpretation of the law

3.9.2005

EN

Official Journal of the European Union

C 217/11

JUDGMENT OF THE COURT

the Turkish national concerned has failed to find new paid employ-
ment within a reasonable time after his release.

(Fifth Chamber)

(1) OJ C 35 of 7.2.2004.

of 7 July 2005

in Case C-383/03: Reference for a preliminary ruling from
the Verwaltungsgerichtshof in Ergül Dogan v Sicherheits-
direktion für das Bundesland Vorarlberg (1)

(EEC-Turkey Association — Free movement of workers —
Decision No 1/80 of the Association Council — Article 6(1),
third indent, and Article 6(2) — Duly registered as belonging
to the labour market of a Member State — Criminal convic-
tion — Prison sentence — Effect on right of residence)

JUDGMENT OF THE COURT

(Second Chamber)

of 14 July 2005

(2005/C 217/20)

in Case C-386/03: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Language of the case: German)

(Failure of a Member State to fulfil obligations — Airports
— Groundhandling — Directive 96/67/EC)

In Case C-383/03: reference for a preliminary ruling under
Article 234 EC from the Verwaltungsgerichtshof
(Austria),
made by decision of 4 September 2003, received at the Court
on 12 September 2003,
in the proceedings between Ergül
Dogan and Sicherheitsdirektion für das Bundesland Vorarlberg
— the Court
(Fifth Chamber), composed of R. Silva de
Lapuerta, President of the Chamber, R. Schintgen (Rapporteur)
Judges; D. Ruiz-Jarabo Colomer, Advocate
and P. Kūris,
General; R. Grass, Registrar, gave a judgment on 7 July 2005,
in which it ruled:

A Turkish worker who enjoys the right of free access to any paid
employment of his choice under the third indent of Article 6(1) of
Decision No 1/80 of 19 September 1980 on the development of the
Association, adopted by the Association Council set up by the Agree-
ment establishing an Association between the European Economic
Community and Turkey, does not forfeit that right because he is not
in employment during his imprisonment, even for several years, if his
absence from the labour market of the host Member State is only
temporary.

The employment rights conferred by that provision on the person
concerned and the concomitant right of residence may be limited only
on grounds of public policy, public security and public health pursuant
to Article 14(1) of Decision No 1/80, or on account of the fact that

(2005/C 217/21)

(Language of the case: German)

In Case C-386/03, Commission of the European Communities
(Agents: M. Huttunen and M. Niejahr) v Federal Republic of
Germany (Agents: W.-D. Plessing and A. Tiemann) — action
under Article 226 EC for failure to fulfil obligations, brought
on 12 September 2003 — the Court
(Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
R. Silva de Lapuerta (Rapporteur), C. Gulmann, R. Schintgen
and J. Klučka, Judges; P. Léger, Advocate General; M.-F. Contet,
Principal Administrator, for the Registrar, gave a judgment on
14 July 2005, in which it:

1. Declares that, by adopting measures contrary to Articles 16 and
18 of Council Directive 96/67/EC of 15 October 1996 on access
to the groundhandling market at Community airports, in Para-
graphs 8(2) and 9(3) of the Regulation on airport groundhand-
ling services (Verordnung über Bodenabfertigungsdienste auf Flug-
plätzen) of 10 December 1997, the Federal Republic of Germany
has failed to fulfil its obligations under that directive;