Case C-337/07: Judgment of the Court (Third Chamber) of 18 December 2008 (reference for a preliminary ruling from the Verwaltungsgericht Stuttgart — Germany) — Ibrahim Altun v Stadt Böblingen (EEC-Turkey Association Agreement — Article 7, first paragraph of Decision No 1/80 of the Association Council — Right of residence of a child of a Turkish worker — Worker duly registered as belonging to the labour force — Involuntary unemployment — Applicability of that agreement to Turkish refugees — Conditions governing the loss of acquired rights)
Date: 2008-12-18
Institutions: Court of Justice
Subjects: Türkiye, family migration, foreign national, interpretation of the law, residence permit

21.2.2009

EN

Official Journal of the European Union

C 44/15

und Fernseh-GmbH & Co. KG, RTL Disney Fernsehen GmbH &
Co. KG, SAT. 1 Satelliten-Fernsehen GmbH and Others, Regio.
TV GmbH, Eurosport SA, TM-TV GmbH & Co. KG, ONYX Tele-
vision GmbH, Radio Bremen, Hessischer Rundfunk, Nederland
2, Hamburg 1 Fernsehen Beteiligungs GmbH & Co. KG, Turner
Broadcasting System Deutschland GmbH, n-tv Nachrichtenfern-
sehen GmbH & Co. KG, Bayerischer Rundfunk, Deutsches Sport-
fernsehen GmbH, NBC Europe GmbH, BBC World, Medien-
dienst Borkum — Kurverwaltung NSHB Borkum GmbH, Frie-
sischer Rundfunk GmbH, Home Shopping Europe GmbH & Co.
KG, Euro News SA, Reise-TV GmbH & Co. KG, SKF Spielekanal
Fernsehen GmbH, TV 5 Europe, DMAX TV GmbH & Co. KG,
formerly XXP TV — Das Metropolenprogramm GmbH &
Co. KG, RTL Shop GmbH

Judgment of the Court (Third Chamber) of 18 December
2008 (reference for a preliminary ruling from the Verwal-
tungsgericht Stuttgart — Germany) — Ibrahim Altun v
Stadt Böblingen

(Case C-337/07) (1)

(EEC-Turkey Association Agreement — Article 7, first para-
graph of Decision No 1/80 of the Association Council —
Right of residence of a child of a Turkish worker — Worker
duly registered as belonging to the labour force — Involuntary
unemployment — Applicability of that agreement to Turkish
refugees — Conditions governing the loss of acquired rights)

Re:

(OJ 2002 L 108, p. 51) — National

Reference for a preliminary ruling — Verwaltungsgericht Hann-
over — Interpretation of Article 31(1) of Directive 2002/22/EC
of the European Parliament and of the Council of 7 March
2002 on universal service and users' rights relating to electronic
communications networks and services (Universal Service Direc-
tive)
legislation which
requires analogue cable network operators to provide access on
their cable networks to all the television programmes approved
for terrestrial broadcasting and provides that, in the event of a
shortage of channels, the competent national authority has to
establish an order of priority of applicants which results in full
use of the channels available to the cable network operator
concerned.

Operative part of the judgment

1. Article 31(1)

rights

relating to electronic

the European
of Directive 2002/22/EC of
Parliament and of the Council of 7 March 2002 on universal
service and users'
communications
networks and services (Universal Service Directive) is to be inter-
preted as meaning that it does not preclude national
legislation,
such as that at issue in the main proceedings, which requires a
cable operator to provide access to its analogue cable network to
television channels and services that are already being broadcast
terrestrially, thereby resulting in the utilisation of more than half of
the channels available on that network, and which provides, in the
event of a shortage of channels available, for an order of priority of
applicants which results in full utilisation of the channels available
on that network, provided that those obligations do not give rise to
unreasonable economic consequences, which is a matter for the
national court to establish;

2. The

concept of

‘television services’ within the meaning of
Article 31(1) of Directive 2002/22 includes services of television
broadcasters or providers of media services, such as teleshopping,
provided that the conditions laid down in that provision are met,
which is a matter for the national court to establish.

(1) OJ C 247, 20.10.2007.

(2009/C 44/24)

Language of the case: German

Referring court

Verwaltungsgericht Stuttgart

Parties to the main proceedings

Applicant: Ibrahim Altun

Defendant: Stadt Böblingen

Re:

Reference for a preliminary ruling — Verwaltungsgericht Stutt-
gart — Interpretation of the first indent of Article 7 of Decision
No 1/80 of the EEC-Turkey Association Council — Right to stay
of a Turkish national who has entered national territory as a
minor for the purpose of family reunion — Criminal conviction
— Effect on the right to stay — Applicability to Turkish refugees
— Asylum granted to the father on the basis of false statements
— Withdrawal of grant of asylum as a condition for refusal of
the derived right to stay — Derived right conditional on lawful
registration as belonging to the labour force of a Member State
for a period of three years during which the father lives together
in a household with the minor

Operative part of the judgment

1. The first indent of the first paragraph of Article 7 of Decision
No 1/80 of 19 September 1980 on the development of the Asso-
ciation set up by the Agreement establishing an Association
between the European Economic Community and Turkey is to be
interpreted as meaning that the child of a Turkish worker may
enjoy rights arising by virtue of that provision where, during the
three-year period when the child was co-habiting with that worker,
the latter was working for two and a half years before being unem-
ployed for the following six months.

2. The fact that a Turkish worker has obtained the right of residence
in a Member State and, accordingly, the right of access to the
labour market of that State as a political refugee does not prevent a
member of his family from enjoying the rights arising under the
first paragraph of Article 7 of Decision No 1/80.

C 44/16

EN

Official Journal of the European Union

21.2.2009

3. The first paragraph of Article 7 of Decision No 1/80 is to be
interpreted as meaning that when a Turkish worker has obtained
the status of political refugee on the basis of false statements, the
rights that a member of his family derives from that provision
cannot be called into to question if the latter, on the date on which
the residence permit issued to that worker is withdrawn, fulfils the
conditions laid down therein.

(1) OJ C 269, 10.11.2007.

Judgment of the Court (Second Chamber) of 18 December
2008 (reference for a preliminary ruling from the Supremo
Tribunal Administrativo — Portugal) — Sopropé —
Organizações de Calçado Lda v Fazenda Pública

(Case C-349/07) (1)

committed a customs offence in which to submit its observations
complies in principle with the requirements of Community law.

2. It is for the national court before which the case has been brought
to ascertain, having regard to the specific circumstances of the case,
whether
importer made it
possible for it to be given a proper hearing by the customs authori-
ties.

the period actually allowed to that

3. The national court must also ascertain whether, in the light of the
period which elapsed between the
time when the authorities
concerned received the importer's observations and the date on
which they took their decision, they can be deemed to have taken
due account of the observations sent to them.

(1) OJ C 235, 6.10.2007.

(Community Customs Code — Principle of respect for the
rights of the defence — Post-clearance recovery of customs
import duties)

Judgment of the Court (Second Chamber) of 18 December
2008 (reference for a preliminary ruling from the Verwal-
tungsgerichtshof) — Wienstrom GmbH v Bundesminister
für Wirtschaft und Arbeit

(2009/C 44/25)

Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Appellant: Sopropé — Organizações de Calçado Lda

Respondent: Fazenda Pública

Intervening party: Ministério Público

Re:

(Case C-384/07) (1)

(State aid — Article 88(3) EC — Aid declared compatible
with the common market — Dispute between the aid recipient
and the national authorities concerning the amount of aid
unlawfully put into effect — Role of the national court)

(2009/C 44/26)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: Wienstrom GmbH

Reference for a preliminary ruling — Supremo Tribunal Admin-
istrativo — Compatibility with Community law and the prin-
ciple of the rights of the defence of national provisions of fiscal
administrative procedure concerning the periods for the exercise
of the taxpayer's right to a hearing — Administrative procedure
for the post-clearance payment of import duties on goods from
the far east

Operative part of the judgment

1. With regard to recovery of a customs debt

for the purpose of
effecting post-clearance recovery of customs import duties, a period
of 8 to 15 days allowed to an importer suspected of having

Defendant: Bundesminister für Wirtschaft und Arbeit

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof —
Interpretation of Article 88(3) EC — State aid scheme put into
effect without prior notification to the Commission, the final
amended version of which, however, following its notification,
was declared compatible with the common market, without any
express negative decision having been taken with regard to the
previous non-notified version — Obligations of national courts
deriving from the Commission's decision