Case C-10/05: Judgment of the Court (First Chamber) of  30 March 2006  (reference for a preliminary ruling from the Cour administrative) — Cynthia Mattern, Hajrudin Cikotic v Ministre du Travail et de l'Emploi (Freedom of movement for persons — Workers — Family members — Right of a national of a third country married to a Community national to take up an activity as an employed person — Conditions)
Date: 2006-06-17
Institutions: Court of Justice
Subjects: Luxembourg, family migration, foreign national, free movement of workers, interpretation of the law, migrant worker, mixed marriage, work permit

17.6.2006

EN

Official Journal of the European Union

C 143/17

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ergün Torun

Defendant: Stadt Augsburg

Applicants: Cynthia Mattern, Hajrudin Cikotic

Defendant: Ministre du Travail et de l'Emploi

Re:

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht
— Interpretation of Articles 6, 7 and 14 of Decision 1/80 of
the EEC/Turkey Association Council — Turkish national who is
a member of the family of a Turkish worker, who is duly regis-
tered as belonging to the labour force in a Member State, and
who has been given a three year prison sentence, not
suspended — Loss of right of residence

Operative part of the judgment

The child, who has reached the age of majority, of a Turkish migrant
worker who has been legally employed in a Member State for more
than three years, and who has successfully finished a vocational
training course in that State and satisfies the conditions set out in the
second paragraph of Article 7 of Decision No 1/80 of 19 September
1980 on the development of the Association, adopted by the Associa-
tion Council established by the Association Agreement between the
European Economic Community and Turkey, does not lose the right
of residence that is the corollary of the right to respond to any offer of
employment conferred by that provision except in the circumstances
laid down in Article 14(1) of that provision or when he leaves the
territory of the host Member State for a significant length of time
without legitimate reason.

Reference for a preliminary ruling — Cour administrative —
Interpretation of Article 39 of the EC Treaty and of Regulation
(EEC) No 1612/68 of the Council of 15 October 1968 on
freedom of movement for workers within the Community (OJ,
English Special Edition, 1968 (II), p. 475) — National of a third
country, married to a national of a Member State, seeking
exemption from the requirement to obtain a work permit in
that Member State — Community national spouse who has
attended a vocational training course and professional training
in another Member State

Operative part of the judgment

In circumstances such as those in the main proceedings, Article 11 of
Regulation (EEC) No 1612/68 of the Council of 15 October 1968
on freedom of movement
for workers within the Community, as
amended by Council Regulation (EEC) No 2434/92 of 27 July
1992, does not confer on a national of a third country the right to
take up an activity as an employed person in a Member State other
than the one in which his spouse, a Community national, pursues or
has pursued an activity as an employed person in exercise of her right
to free movement.

(1) OJ C 31, 05.02.2005.

(1) OJ C 69, 19.03.2005.

Judgment of the Court (First Chamber) of 30 March 2006
(reference for a preliminary ruling from the Cour adminis-
trative) — Cynthia Mattern, Hajrudin Cikotic v Ministre
du Travail et de l'Emploi

Judgment of the Court (Fifth Chamber) of 27 April 2006
(reference for a preliminary ruling from the Gerechtshof
te Amsterdam ) — Kawasaki Motors Europe NV v Inspec-
teur van de Belastingdienst/Douane district Rotterdam

(Case C-10/05) (1)

(Case C-15/05) (1)

(Freedom of movement for persons — Workers — Family
members — Right of a national of a third country married to
a Community national to take up an activity as an employed
person — Conditions)

(Common Customs Tariff — Tariff headings — Classifica-
tion of vehicles — Tractors — Cars and vehicles principally
designed for the transport of persons — Regulation (EC) No
2518/98 — Point 5 of the annexed table — Invalidity)

(2006/C 143/30)

Language of the case: French

(2006/C 143/31)

Language of the case: Dutch

Referring court

Cour administrative

Referring court

Gerechtshof te Amsterdam