CELEX: C2006/143/29
Language: en
Date: 2006-06-17 00:00:00
Title: Case C-502/04: Judgment of the Court (Second Chamber) of  16 February 2006  (reference for a preliminary ruling from the Bundesverwaltungsgericht — Ergün Torun v Stadt Augsburg) (EEC-Turkey Association — Freedom of movement for workers — Article 7, second paragraph, of Decision No 1/80 of the Association Council — Child of a Turkish worker who has reached the age of majority and completed a course of vocational training in the host Member State — Criminal conviction — Effect on right of residence)

17.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 143/16
            
         Judgment of the Court (Second Chamber) of 16 February 2006 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Ergün Torun v Stadt Augsburg)
   (Case C-502/04) (1)
   
   (EEC-Turkey Association - Freedom of movement for workers - Article 7, second paragraph, of Decision No 1/80 of the Association Council - Child of a Turkish worker who has reached the age of majority and completed a course of vocational training in the host Member State - Criminal conviction - Effect on right of residence)
   (2006/C 143/29)
   Language of the case: German
   Referring court
   Bundesverwaltungsgericht (Germany)
   Parties to the main proceedings
   
      Applicant: Ergün Torun
   
      Defendant: Stadt Augsburg
   Re:
   Reference for a preliminary ruling — Bundesverwaltungsgericht — Interpretation of Articles 6, 7 and 14 of Decision 1/80 of the EEC/Turkey Association Council — Turkish national who is a member of the family of a Turkish worker, who is duly registered as belonging to the labour force in a Member State, and who has been given a three year prison sentence, not suspended — Loss of right of residence
   Operative part of the judgment
   The child, who has reached the age of majority, of a Turkish migrant worker who has been legally employed in a Member State for more than three years, and who has successfully finished a vocational training course in that State and satisfies the conditions set out in 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 established by the Association Agreement between the European Economic Community and Turkey, does not lose the right of residence that is the corollary of the right to respond to any offer of employment conferred by that provision except in the circumstances laid down in Article 14(1) of that provision or when he leaves the territory of the host Member State for a significant length of time without legitimate reason.
   
      (1)  OJ C 31, 05.02.2005.