Case C-462/08: Judgment of the Court (Second Chamber) of 21 January 2010 (reference for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg — Germany) — Ümit Bekleyen v Land Berlin (EEC-Turkey Association Agreement — Second paragraph of Article 7 of Decision No 1/80 of the Association Council — Right of the child of a Turkish worker to respond to any offer of employment in the host Member State in which that child has completed a vocational training course — Start of the vocational training course after the parents have permanently left that Member State)
Date: 2010-01-21
Institutions: Court of Justice
Subjects: Türkiye, association agreement (EU), foreign national, free movement of workers, interpretation of the law, job access, residence permit, vocational training








C_2010063EN.01001301.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/13





Judgment of the Court (Second Chamber) of 21 January 2010 (reference for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg — Germany) — Ümit Bekleyen v Land Berlin
(Case C-462/08) (1)

(EEC-Turkey Association Agreement - Second paragraph of Article 7 of Decision No 1/80 of the Association Council - Right of the child of a Turkish worker to respond to any offer of employment in the host Member State in which that child has completed a vocational training course - Start of the vocational training course after the parents have permanently left that Member State)
2010/C 63/19
Language of the case: German

Referring court

Oberverwaltungsgericht Berlin-Brandenburg

Parties to the main proceedings


Applicant: Ümit Bekleyen

Defendant: Land Berlin

Re:

Reference for a preliminary ruling — Oberverwaltungsgericht Berlin-Brandenburg — Interpretation of the second paragraph of Article 7 of Decision No 1/80 of the EEC-Turkey Association Council — Turkish national born in the host Member State who, having returned with her parents to her country of origin, returns on her own, more than ten years later, to the host Member State in which her parents used to be regularly employed for more than three years, in order to start a vocational training course — Right of access to the labour market and corresponding right of residence in the host Member State for that Turkish national following the completion of a vocational training course

Operative part of the judgment

The second 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 Agreement establishing an Association between the European Economic Community and Turkey, must be interpreted as meaning that, in the case where a Turkish worker has previously been legally employed in the host Member State for more than three years, the child of such a worker may rely in that Member State, after completing her vocational training course there, on the right of access to the employment market and the corresponding right of residence, even though, after travelling back with her parents to their State of origin, she returned on her own to that Member State in order to start that training course there.


(1)  OJ C 19, 24.01.2009.