Judgment of the Court (Second Chamber) of  10 January 2006  in Case C-230/03: Reference for a preliminary ruling from the Bundesverwaltungsgericht Mehmet Sedef v Freie und Hansestadt Hamburg (EEC-Turkey Association — Freedom of movement for workers — Article 6 of Decision No 1/80 of the Association Council — Right to the extension of a residence permit — Conditions — Turkish national who was employed in the maritime shipping industry of a Member State for 15 years — Same employer for more than one year without interruption, but not up to the end of a period of three years — Periods of employment interrupted 17 times on account of the nature of the occupation)
Date: 2006-03-11
Institutions: Court of Justice
Subjects: interpretation of the law, maritime shipping, migrant worker, residence permit

11.3.2006

EN

Official Journal of the European Union

C 60/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 12 January 2006

in Case C-183/03 Federal Republic of Germany v Commis-
sion of the European Communities (1)

(EAGGF — Decision 2003/102/EC — Expenditure excluded
from Community financing — Arable cultures sector)

(2006/C 60/01)

(Language of the case: German)

In Case C-183/03 Federal Republic of Germany (Agents: W.-D.
the European
Plessing and A. Tiemann) v Commission of
Communities (Agents: M. Niejahr and G. Braun) — application
for annulment under Article 230 EC, brought on 24 April
2003 — the Court (Third Chamber Chamber), composed of A.
Rosas, President of the Chamber, J. Malenovský, S. von Bahr
(Rapporteur), A. Borg Barthet and A. Ó Caoimh, Judges; A.
Tizzano, Advocate General; R. Grass, Registrar, gave a judg-
ment on 12 January 2006, in which it:

1. Dismisses the action;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 146 of 21.06.2003.

(Second Chamber)

of 10 January 2006

in Case C-230/03: Reference for a preliminary ruling from
the Bundesverwaltungsgericht Mehmet Sedef v Freie und
Hansestadt Hamburg (1)

(EEC-Turkey Association — Freedom of movement
for
workers — Article 6 of Decision No 1/80 of the Association
Council — Right to the extension of a residence permit —
Conditions — Turkish national who was employed in the
maritime shipping industry of a Member State for 15 years
— Same employer for more than one year without interrup-
tion, but not up to the end of a period of three years —
Periods of employment interrupted 17 times on account of
the nature of the occupation)

(2006/C 60/02)

(Language of the case: German)

In Case C-230/03: reference for a preliminary ruling under
Article 234 EC from the Bundesverwaltungsgericht (Germany),
made by decision of 18 March 2003, received at the Court on
26 May 2003, in the proceedings between Mehmet Sedef and
Freie und Hansestadt Hamburg, in the presence of Vertreter des
Bundesinteresses beim Bundesverwaltungsgericht — the Court
(Second Chamber) composed of C.W.A. Timmermans, President
of the Chamber, C. Gulman, R. Schintgen (Rapporteur), G.
Arestis and J. Klučka, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; K. Sztranc, Administrator, for the Registrar, gave a
judgment on 10 January 2006, in which it ruled:

Article 6 of Decision No 1/80 of 19 September 1980 on the devel-
opment of
the Association, adopted by the Association Council
created by the agreement establishing an association between the
European Economic Community and Turkey, is to be interpreted as
meaning that:

— enjoyment of the rights conferred on a Turkish worker by the third
indent of paragraph 1 of that article presupposes in principle that
the person concerned has already fulfilled the conditions set out in
the second indent of that paragraph;

C 60/2

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Official Journal of the European Union

11.3.2006

— a Turkish worker who does not yet enjoy the right of free access to
any paid employment of his choice under that third indent must
be in legal employment without interruption in the host Member
State unless he can rely on a legitimate reason of the type laid
down in Article 6(2) to justify his temporary absence from the
labour force;

— Article 6(2) of Decision No 1/80 covers interruptions in periods
of legal employment, such as those at issue in the main proceed-
ings, and the relevant national authorities cannot, in this case,
dispute the right of the Turkish worker concerned to reside in the
host Member State.

(1) OJ C 200 of 23.08.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 19 January 2006

in Case C-240/03 P: Comunità montana della Valnerina v
Commission of the European Communities (1)

(Appeal — EAGGF — Withdrawal of financial aid —
Article 24 of Regulation (EEC) No 4253/88 — Principle of
proportionality — Statement of reasons — Rights of the
defence — Cross-appeal — Designation of two persons to be
responsible for the execution of a project — Claim on only
one of them for repayment of all the aid — Discretionary
power of the Commission — Objective limits of the proceed-
ings before the Court of First Instance)

(2006/C 60/03)

(Language of the case: Italian)

In Case C-240/03 P: APPEAL under Article 56 of the Statute of
the Court of Justice brought on 28 May 2003, by Comunità
montana della Valnerina, (Avvocati: P. De Caterini, E. Cappelli
and A. Bandini), the other parties to the proceedings being:
Commission of the European Communities (Agents: C. Cattab-
riga and L. Visaggio, assisted by Avvocato A. Dal Ferro), and
Italian Republic (Agent: I.M. Braguglia, assisted by Avvocato G.
Aiello), the Court (Third Chamber), composed of A. Rosas,
President of the Chamber, J. Malenovský, S. von Bahr, A. Borg
Barthet and A. Ó Caoimh (Rapporteur), Judges; J. Kokott, Advo-
cate General; R. Grass, Registrar, gave a judgment on 19
January 2006, in which it ruled:

1. The appeal and cross-appeal are dismissed;

2. The Comunità Montana della Valnerina shall pay the costs of the

appeal;

3. The Commission of the European Communities shall pay the costs

of the cross-appeal.

(1) OJ C 200 of 23.08.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 19 January 2006

in Case C-330/03: Reference for a preliminary ruling from
the Tribunal Supremo:Colegio de Ingenieros de Caminos,
Canales y Puertos v Administración del Estado (1)

for workers — Recognition of
(Freedom of movement
diplomas — Directive 89/48/EEC — Profession of engineer
— Partial, restricted recognition of professional qualifications
— Articles 39 EC and 43 EC)

(2006/C 60/04)

(Language of the case: Spanish)

In Case C-330/03: Reference for a preliminary ruling under
Article 234 EC from the Tribunal Supremo (Spain), made by
decision of 21 July 2003, received at the Court on 29 July
2003, in the proceedings Colegio de Ingenieros de Caminos,
Canales y Puertos v Administración del Estado, concerning
Giuliano Mauro Imo, the Court (First Chamber), composed of
P. Jann, President of the Chamber, K. Schiemann, N. Colneric,
E. Juhász and E. Levits (Rapporteur), Judges; P. Léger, Advocate
General; R. Grass, Registrar, gave a judgment on 19 January
2006, in which it ruled as follows:

1. When the holder of a diploma awarded in one Member State
applies for permission to take up a regulated profession in another
Member State, the competent authorities of that Member State are
not precluded by Council Directive 89/48/EEC of 21 December
1988 on a general system for the recognition of higher-education
diplomas awarded on completion of professional education and
training of at least three years' duration from partly allowing that
application, if the holder of the diploma so requests, by limiting
the scope of the permission to those activities which that diploma
allows to be taken up in the Member State in which it was
obtained.