Case C-4/05: Judgment of the Court (First Chamber) of 26 October 2006 (reference for a preliminary ruling from the Verwaltungsgericht Aachen, Germany) — Hasan Güzeli v Oberbürgermeister der Stadt Aachen (Reference for a preliminary ruling — EEC-Turkey Association — Freedom of movement for workers — Article 10(1) of Decision No 1/80 of the Association Council — Refusal to extend a Turkish worker's residence permit)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, fund (EU), seizure of goods

30.12.2006

EN

Official Journal of the European Union

C 326/7

Operative part of the judgment

Article 18 EC must be interpreted as meaning that
it precludes
national legislation according to which the income tax on a retirement
pension paid by an institution of the Member State concerned to a
person residing in another Member State exceeds in certain cases the
tax which would be payable if that person resided in the first Member
State, where that pension constitutes all or nearly all of that person's
income.

ment of the Association must be interpreted as meaning that a Turkish
worker can rely on the rights conferred upon him by that provision
only where his paid employment with a second employer complies with
the conditions laid down by law and regulation in the host Member
State governing entry into its territory and employment. It is for the
national court to make the requisite findings in order to establish
whether that is the case in respect of a Turkish worker who changed
employer prior to expiry of the period of three years provided for in the
second indent of Article 6(1) of that decision.

(1) OJ C 57, 05.03.2005.

The second sentence of Article 6(2) of Decision No 1/80 must be
interpreted as meaning that it is intended to ensure that periods of
interruption of legal employment on account of involuntary unemploy-
ment and long term sickness do not affect the rights that the Turkish
worker has already acquired owing to preceding periods of employment
the length of which is fixed in each of the three indents of Article 6(1)
respectively.

Judgment of the Court (First Chamber) of 26 October 2006
(reference for a preliminary ruling from the Verwaltungs-
gericht Aachen, Germany) — Hasan Güzeli v Oberbürger-
meister der Stadt Aachen

(1) OJ C 57, 05.04.2005.

(Case C-4/05) (1)

(Reference for a preliminary ruling — EEC-Turkey Associa-
tion — Freedom of movement for workers — Article 10(1) of
Decision No 1/80 of the Association Council — Refusal to
extend a Turkish worker's residence permit)

(2006/C 326/14)

Language of the case: German

Referring court

Verwaltungsgericht Aachen

Parties to the main proceedings

Applicant: Hasan Güzeli

Judgment of the Court (Third Chamber) of 26 October
the European Communities v
2006 — Commission of

Kingdom of Spain

(Case C-36/05) (1)

(Failure of a Member State to fulfil obligations — Directive
92/100/EEC — Copyright — Rental and lending right —
Failure to transpose within the prescribed period)

(2006/C 326/15)

Language of the case: Spanish

Defendant: Oberbürgermeister der Stadt Aachen

Parties

Re:

Reference for a preliminary ruling — Verwaltungsgericht
Aachen — Interpretation of Article 10(1) of Decision No 1/80
of the EEC/Turkey Association Council — Non discrimination
against Turkish workers duly registered as belonging to the
labour force as regards conditions of employment — Refusal to
extend the residence permit putting an end to the employment
of a seasonal Turkish worker in possession of a work permit of
unlimited duration

Applicant: Commission of the European Communities (repre-
sented by: J.R. Vidal Puig and W. Wils, acting as Agents)

Defendant: Kingdom of Spain (represented by:
Contreras, acting as Agent)

I. del Cuvillo

Re:

Operative part of the judgment

The first indent of Article 6(1) of Decision No 1/80 of the EEC
Turkey Association Council of 19 September 1980 on the develop-

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 1 and 5 of Council Directive 92/100/EEC of
19 November 1992 on rental right and lending right and on
certain rights related to copyright in the field of intellectual
property (OJ 1992 L 346, p. 61)