EN
20.2.2023
Official Journal of the European Union
C 63/3
Parties to the main proceedings Applicant: X Defendant: Udlændingenævnet
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 between the European Economic Community and Turkey, must be interpreted as meaning that national legislation, introduced after the entry into force of that decision in the Member State concerned, which makes family reunification between a Turkish worker residing legally in that Member State and his or her spouse subject to the condition that that worker has successfully taken a test demonstrating a certain level of knowledge of the official language of that Member State, constitutes a ‘new restriction’ within the meaning of that provision.
Such a restriction cannot be justified by the objective of ensuring successful integration of that spouse, since that legislation does not allow the competent authorities to take account either of the spouse’s own ability to integrate or of factors, other than successfully taking such a test, demonstrating the effective integration of that worker in the Member State concerned and, therefore, his or her ability to help his or her spouse integrate into that Member State.
(1)
OJ C 278, 12.7.2021.
Judgment of the Court (Sixth Chamber) of 22 December 2022 — Universität Koblenz-Landau v European Education and Culture Executive Agency (EACEA) (Case C-288/21 P) (1) (Appeal — Arbitration clause — Tempus IV Programmes — Grant agreements Ecesis, Diusas and Deque — Systemic and recurrent irregularities — Request for full repayment of the amounts paid — Right to be heard — Principle of proportionality — Principle of the protection of legitimate expectations — Application to reopen the oral part of the procedure at first instance — Article 113(2)(c) of the Rules of Procedure of the General Court) (2023/C 63/04) Language of the case: German Parties Appellant: Universität Koblenz-Landau (represented by: R. Di Prato and C. von der Lühe, Rechtsanwälte) Other party to the proceedings: European Education and Culture Executive Agency (EACEA) (represented by: H. Monet and N. Sbrilli, acting as Agents, and by R. van der Hout, advocaat, and C. Wagner, Rechtsanwalt)
Operative part of the judgment The Court: 1.
Dismisses the appeal; 2.
Orders Universität Koblenz-Landau to pay the costs.
(1)
OJ C 278, 12.7.2021.