Case C-453/07: Reference for a preliminary ruling from the Verwaltungsgericht Giessen (Germany) lodged on 4 October 2007 — Hakan Er v Wetteraukreis
Date: 2007-12-08
Institutions: Court of Justice
Subjects: Türkiye, foreign national, free movement of workers, interpretation of the law, job access

C 297/28

EN

Official Journal of the European Union

8.12.2007

Questions referred

1. Is the ‘date on which the authorisation referred to in
Article 3(b) to place the product on the market as a medic-
inal product was granted’, referred to in Article 7(1) of the
Regulation (1), determined according to Community law or
does that rule refer to the date on which the authorisation
takes effect under the law of the Member State in question?

2. If the Court's answer is that the date referred to in Question 1
is determined by Community law, which date must be taken
into account for that purpose?

(1) OJ L 182, p. 1.

years after leaving school, apart from an alleged single day of
work on a trial basis, he has at no time been in employment,
drops out of all government support schemes designed to
promote the taking-up of employment and does not himself
make serious efforts to take up employment, instead living by
turns on social security benefits,
financial support from his
mother living in Germany and means of unknown origin?

Appeal brought on 9 October 2007 by Ente per le Ville
Vesuviane against the judgment delivered on 18 July 2007
in Case T-189/02 Ente per le Ville Vesuviane v Commission
of the European Communities

Reference for a preliminary ruling from the Verwaltungs-
gericht Giessen (Germany) lodged on 4 October 2007 —
Hakan Er v Wetteraukreis

(Case C-453/07)

(2007/C 297/45)

Language of the case: German

Parties

(Case C-455/07 P)

(2007/C 297/46)

Language of the case: Italian

Referring court

Verwaltungsgericht Giessen

Appellant: Ente per
Soprano, avvocato)

le Ville Vesuviane (represented by: E.

Other party to the proceedings: Commission of
Communities

the European

Parties to the main proceedings

Form of order sought

Applicant: Hakan Er

Defendant: Wetteraukreis

Question referred

Does a Turkish national who, as a member of
the family,
received authorisation to join his father living in Germany who
as a Turkish worker was duly registered as belonging to the
labour force of
the Federal Republic of Germany, and who
acquired, by virtue of previously living together legally with his
father for five years, the legal status as referred to in the second
indent of the first sentence of Article 7 of Decision No 1/80 of
the EEC-Turkey Association Council on the development of the
association (‘Association Council Decision 1/80’), lose that legal
status as a consequence of the fact that, for more than seven

— set aside in part, in accordance with the pleas set out below,
the judgment under appeal and, consequently, declare void
Decision D(2002) 810111, prot. 102504 of 13 March
2002 of the Directorate General for Regional Policy of the
European Commission, and if necessary and in so far as is
reasonable, Memorandum No Gt/SF/MF D(01) 810542,
prot. 109720 of 12 October 2001 of
the Directorate
General for Regional Policy of the European Commission;

— in the alternative, annul

in accordance with the
in part,
pleas set out below, the judgment under appeal and refer the
case back to the Court of First Instance for a ruling on the
substance of the dispute in the light of the directions which
the Court sees fit to give for that purpose;

— order the European Commission to pay the costs of both
the present proceedings and the proceedings at first instance
in Case T-189/02.