Case C-652/15: Judgment of the Court (First Chamber) of 29 March 2017 (request for a preliminary ruling from the Verwaltungsgericht Darmstadt — Germany) — Furkan Tekdemir, legally represented by Derya Tekdemir and Nedim Tekdemir v Kreis Bergstraße (Reference for a preliminary ruling — Association Agreement between the European Union and Turkey — Decision No 1/80 — Article 13 — ‘Standstill’ clause — Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State — Existence of an overriding reason in the public interest justifying new restrictions — Efficient management of migration flows — Requirement for nationals of third countries under 16 years old to hold a residence permit — Proportionality)
Date: 2017-03-29
Institutions: Court of Justice
Subjects: EU migration policy, Türkiye, association agreement (EU), family migration, foreign national, infancy, migrant worker, migratory movement, principle of proportionality, residence permit








C_2017161EN.01000301.xml










22.5.2017   


EN


Official Journal of the European Union


C 161/3





Judgment of the Court (First Chamber) of 29 March 2017 (request for a preliminary ruling from the Verwaltungsgericht Darmstadt — Germany) — Furkan Tekdemir, legally represented by Derya Tekdemir and Nedim Tekdemir v Kreis Bergstraße
(Case C-652/15) (1)

((Reference for a preliminary ruling - Association Agreement between the European Union and Turkey - Decision No 1/80 - Article 13 - ‘Standstill’ clause - Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State - Existence of an overriding reason in the public interest justifying new restrictions - Efficient management of migration flows - Requirement for nationals of third countries under 16 years old to hold a residence permit - Proportionality))
(2017/C 161/03)
Language of the case: German

Referring court

Verwaltungsgericht Darmstadt

Parties to the main proceedings


Applicant: Furkan Tekdemir, legally represented by Derya Tekdemir and Nedim Tekdemir

Defendant: Kreis Bergstraße

Operative part of the judgment

Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 by the Republic of Turkey, on the one hand, and by the Member States of the EEC and the Community, on the other, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 must be interpreted as meaning that the objective of efficient management of migration flows may constitute an overriding reason in the public interest capable of justifying a national measure, introduced after the entry into force of that decision in the Member State in question, requiring nationals of third countries under the age of 16 years old to hold a residence permit in order to enter and reside in that Member State.
Such a measure is not, however, proportionate to the objective pursued where the procedure for its implementation as regards child nationals of third countries born in the Member State in question and one of whose parents is a Turkish worker lawfully residing in that Member State, such as the applicant in the main proceedings, goes beyond what is necessary for attaining that objective.


(1)  OJ C 118, 4.4.2016.