Case C-325/05: Judgment of the Court (First Chamber) of 18 July 2007 (reference for a preliminary ruling from the Verwaltungsgericht Darmstadt — Germany) — Ismail Derin v Landkreis Darmstadt-Dieburg (EEC-Turkey Association — Article 59 of the Additional Protocol — Articles 6, 7 and 14 of Decision No 1/80 of the Association Council — Right of free access to employment under the second indent of the first paragraph of Article 7 — Corollary right of residence — Turkish national over the age of 21 years who is no longer dependent on his parents — Criminal convictions — Conditions governing the loss of acquired rights — Compatibility with the rule that the Republic of Turkey is not to receive more favourable treatment than that applicable between Member States)
Date: 2007-10-06
Institutions: Court of Justice
Subjects: Association Council (EU), Germany, Türkiye, free movement of workers, interpretation of the law, migrant worker, residence permit

6.10.2007

EN

Official Journal of the European Union

C 235/5

4. The fact that a Member State in which a person has been sentenced
by a final and binding judgment under its national law may issue
a European arrest warrant for the arrest of that person in order to
Framework Decision
under Council
enforce
2002/584/JHA of 13 June 2002 on the European arrest warrant
and the surrender procedures between Member States cannot affect
the interpretation of the notion of ‘enforcement’ within the meaning
of Article 54 of the CISA.

sentence

the

(1) OJ C 257, 15.10.2005.

Judgment of the Court (First Chamber) of 18 July 2007
(reference
from the
preliminary
Verwaltungsgericht Darmstadt — Germany) — Ismail
Derin v Landkreis Darmstadt-Dieburg

ruling

for

a

(Case C-325/05) (1)

(EEC-Turkey Association — Article 59 of the Additional
Protocol — Articles 6, 7 and 14 of Decision No 1/80 of the
Association Council — Right of free access to employment
under the second indent of the first paragraph of Article 7 —
Corollary right of residence — Turkish national over the age
of 21 years who is no longer dependent on his parents —
Criminal convictions — Conditions governing the loss of
acquired rights — Compatibility with the rule that
the
Republic of Turkey is not to receive more favourable treatment
than that applicable between Member States)

21 years of age and no longer maintained by his parents —
More favourable treatment than that given to nationals of the
Member States

Operative part of the judgment

A Turkish national, who was authorised while he was a child to enter
the territory of a Member State in order to join his family and who
has acquired the right of free access to any paid employment of his
choice under the second indent of the first paragraph 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 Associa-
tion Agreement between the European Economic Community and
Turkey, loses the right of residence in the host Member State which is
a corollary of that right of free access only in two situations, that is:

— in the circumstances provided for in Article 14(1) of that decision,

or

— if he leaves the territory of the Member State concerned for a

significant length of time without legitimate reason,

even though he is over 21 years of age, is no longer dependent on his
parents, but lives independently in the Member State concerned, and
was not available to join the labour force for several years because he
was during that period serving an unsuspended sentence of imprison-
ment. Such an interpretation is not inconsistent with the requirements
of Article 59 of
signed at Brussels on
23 November 1970 and concluded, approved and confirmed on behalf
the Community by Council Regulation (EEC) No 2760/72 of
of
19 December 1972.

the Additional Protocol

(2007/C 235/07)

Language of the case: German

(1) OJ C 281, 12.11.2005.

Referring court

Verwaltungsgericht Darmstadt

Parties to the main proceedings

Applicant: Ismail Derin

Defendant: Landkreis Darmstadt-Dieburg

Re:

Reference for a preliminary ruling — Verwaltungsgericht
Darmstadt — Interpretation of the second indent of the first
paragraph of Article 7 of Decision No 1/80 of the EEC-Turkey
Association Council and of Article 59 of
the Additional
Protocol relating to the transitional stage provided for in the
Agreement establishing an Association between the European
Economic Community and Turkey signed on 23 November
1970 (OJ 1973 C 113, p. 17) — No loss of right of free access
to any paid employment and of the resulting right of residence
for a Turkish national who entered the national territory in
order to join his family, in circumstances where he is now over

Judgment of the Court (Third Chamber) of 18 July 2007 —
Industrias Químicas del Vallés, SA v Commission of the
European Communities

(Case C-326/05 P) (1)

(Appeal — Non-inclusion of metalaxyl in Annex I to Directive
for plant
91/414/EEC — Withdrawal of authorisations
protection products
substance —
Distortion of the clear sense of the evidence — Manifest error
of appraisal)

containing that active

(2007/C 235/08)

Language of the case: Spanish

Parties

Appellant: Industrias Químicas del Vallés, SA, (represented by: C.
Fernández Vicién, I. Moreno-Tapia Rivas and J. Sabater Marotias,
abogados)