do-me/EUR-LEX huggingface dataset:
Case C-187/10: Judgment of the Court (Second Chamber) of 29 September 2011 (reference for a preliminary ruling from the Raad van State — Netherlands) — Baris Unal v Staatssecretaris van Justitie (EEC-Turkey Association Agreement — Decision No 1/80 of the Association Council — Article 6(1), first indent — Turkish national — Residence permit — Family reunification — Separation of the partners — Withdrawal of the residence permit — Retroactive effect)
Date: 2011-09-29
Institutions: Court of Justice
Subjects: European Association Agreement, Türkiye, family migration, judicial separation, residence permit








C_2011340EN.01000302.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/3





Judgment of the Court (Second Chamber) of 29 September 2011 (reference for a preliminary ruling from the Raad van State — Netherlands) — Baris Unal v Staatssecretaris van Justitie
(Case C-187/10) (1)

(EEC-Turkey Association Agreement - Decision No 1/80 of the Association Council - Article 6(1), first indent - Turkish national - Residence permit - Family reunification - Separation of the partners - Withdrawal of the residence permit - Retroactive effect)
2011/C 340/05
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicant: Baris Unal

Defendant: Staatssecretaris van Justitie

Re:

Reference for a preliminary ruling — Raad van State — Interpretation of the first indent of Article 6(1) 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 — Right of residence of Turkish nationals — Residence permit granted to a Turkish national to allow him to live with his partner — Separation of the partners not notified to the competent authorities — Withdrawal of the residence permit

Operative part of the judgment

The first indent of Article 6(1) 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 precluding the competent national authorities from withdrawing the residence permit of a Turkish worker with retroactive effect from the point in time at which there was no longer compliance with the ground on the basis of which his residence permit had been issued under national law if there is no question of fraudulent conduct on the part of that worker and that withdrawal occurs after the expiry of the one-year period of legal employment provided for in the first indent of Article 6(1) of Decision No 1/80.


(1)  OJ C 195, 17.7.2010.
Case C-315/08: Order of the Court (Seventh Chamber) of 29 September 2011 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Angelo Grisoli v Regione Lombardia (Article 104(3), first indent, of the Rules of Procedure — Article 49 TFEU — Freedom of establishment — Public health — Pharmacies — Proximity — Supply of medicinal products to the population — Operating authorisation — Territorial distribution of pharmacies — Minimum distance between pharmacies)
Date: 2011-09-29
Institutions: Court of Justice
Subjects: business start-up, pharmacy, right of establishment








C_2012025EN.01002002.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/20






Order of the Court (Seventh Chamber) of 29 September 2011 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Angelo Grisoli v Regione Lombardia
(Case C-315/08) (1)

(Article 104(3), first indent, of the Rules of Procedure - Article 49 TFEU - Freedom of establishment - Public health - Pharmacies - Proximity - Supply of medicinal products to the population - Operating authorisation - Territorial distribution of pharmacies - Minimum distance between pharmacies)
(2012/C 25/34)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Angelo Grisoli

Defendant: Regione Lombardia

Other party to the proceedings: Commune di Roccafranca

Re:

Reference for a preliminary ruling — Consiglio di Stato — Interpretation of Articles 152 and 153 EC — Opening of new pharmacies — National legislation fixing limits on the basis of the number of inhabitants and laying down the conditions for authorising the opening of a new pharmacy

Operative part of the order

Article 49 TFEU does not preclude national legislation, such as that at issue in the main proceedings, which limits the establishment of new pharmacies by providing that






—


in towns with a population of less than 4 000 inhabitants, only one pharmacy may be set up and










—


in towns with more than 4 000 inhabitants, the establishment of a new pharmacy is subject to conditions, such as the exceeding by at least 50 % of the number of inhabitants needed for a pharmacy and a minimum distance from already existing pharmacies,




on condition that such legislation permits, by way of derogation from its basic rules, the establishment of a sufficient number of pharmacies to guarantee an appropriate pharmaceutical service in areas with special demographic or geographical characteristics, something which it is for the national court to ascertain.


(1)  OJ C 260, 11.10.2008.