Case C-294/06: Judgment of the Court (Third Chamber) of 24 January 2008 (reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division) (United Kingdom)) — The Queen, on the application of Ezgi Payir, Burhan Akyuz, Birol Ozturk v Secretary of State for the Home Department (EEC-Turkey Association Agreement — Freedom of movement for workers — Decision No 1/80 of the Association Council — First indent of Article 6(1) — Worker duly registered as belonging to the labour force — Leave to enter as a student or as an au pair — Effect on the right to remain)
Date: 2008-01-24
Institutions: Court of Justice
Subjects: Türkiye, association agreement (EU), interpretation of the law, labour market, migrant worker

C 64/10

EN

Official Journal of the European Union

8.3.2008

Operative part of the judgment

Parties to the main proceedings

Directive 2000/31/EC of the European Parliament and of the Council
of 8 June 2000 on certain legal aspects of information society services,
in particular electronic commerce, in the Internal Market (‘Directive on
electronic commerce’), Directive 2001/29/EC of the European Parlia-
ment and of the Council of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the information
society, Directive 2004/48/EC of the European Parliament and of the
Council of 29 April 2004 on the enforcement of intellectual property
rights, and Directive 2002/58/EC of the European Parliament and of
the Council of 12 July 2002 concerning the processing of personal
data and the protection of privacy in the electronic communications
sector (Directive on privacy and electronic communications) do not
require the Member States to lay down, in a situation such as that in
the main proceedings, an obligation to communicate personal data in
order to ensure effective protection of copyright in the context of civil
proceedings. However, Community law requires that, when transposing
those directives, the Member States take care to rely on an interpreta-
tion of them which allows a fair balance to be struck between the
various fundamental rights protected by the Community legal order.
Further, when implementing the measures transposing those directives,
the authorities and courts of the Member States must not only inter-
pret their national law in a manner consistent with those directives but
also make sure that they do not rely on an interpretation of them
which would be in conflict with those fundamental rights or with the
other general principles of Community law, such as the principle of
proportionality.

(1) OJ C 212, 2.9.2006.

Applicants: The Queen, on the application of Ezgi Payir, Burhan
Akyuz, Birol Ozturk

Defendant: Secretary of State for the Home Department

Re:

Reference for a preliminary ruling — Court of Appeal — Inter-
pretation of Article 6(1) of Decision No 1/80 of the EEC-Turkey
Association Council — Concept of a worker duly registered as
belonging to the labour force of a Member State — Turkish
national employed as an au pair after obtaining leave to remain
for
to pursue that activity — Turkish
nationals holding leave to remain to follow a course of study
and holding permission to work for a maximum of 20 hours
per week during term time

two years in order

Operative part of the judgment

The fact that a Turkish national was granted leave to enter the territory
of a Member State as an au pair or as a student cannot deprive him of
the status of ‘worker’ and prevent him from being regarded as ‘duly
that Member State
registered as belonging to the labour force’ of
within the meaning of Article 6(1) of Decision No 1/80 of the Asso-
ciation Council of 19 September 1980 on the development of the
Association. Accordingly, that fact cannot prevent that national from
being able to rely on that provision for the purposes of obtaining
renewed permission to work and a corollary right of residence.

(1) OJ C 237, 30.9.2006.

Judgment of the Court (Third Chamber) of 24 January
2008 (reference for a preliminary ruling from the Court of
Appeal
(United
Kingdom)) — The Queen, on the application of Ezgi Payir,
Burhan Akyuz, Birol Ozturk v Secretary of State for the
Home Department

(England and Wales)

(Civil Division)

Judgment
10 January 2008 — Commission of

(Second

Court

the

of

Chamber)
of
the European

Communities v Republic of Finland

(Case C-294/06) (1)

(Case C-387/06) (1)

(EEC-Turkey Association Agreement — Freedom of movement
for workers — Decision No 1/80 of the Association Council
— First indent of Article 6(1) — Worker duly registered as
belonging to the labour force — Leave to enter as a student or
as an au pair — Effect on the right to remain)

(2008/C 64/13)

Language of the case: English

Referring court

Court of Appeal

(Failure of a Member State to fulfil
its obligations —
Telecommunications sector — Article 8(1), (2)(b) and 3(c) of
Directive 2002/19/EC (‘Framework’ Directive) — Article 8(1)
and (4) of Directive 2002/19/EC (‘Access’ Directive) —
Electronic communications networks and services — Fixed
and mobile telephone networks — Termination of calls —
Incoming traffic — Limit on the powers of the national
authority for communications regulation)

(2008/C 64/14)

Language of the case: Finnish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Huttunen and M. Shotter, Agents)