CELEX: 62008CN0420
Language: en
Date: 2008-09-23 00:00:00
Title: Case C-420/08: Reference for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 23 September 2008 — Yasar Erdil v Land Berlin

20.12.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 327/12
            
         Reference for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 23 September 2008 — Yasar Erdil v Land Berlin
   (Case C-420/08)
   (2008/C 327/20)
   Language of the case: German
   Referring court
   Verwaltungsgericht Berlin
   Parties to the main proceedings
   
      Applicant: Yasar Erdil
   
      Defendant: Land Berlin
   Question referred
   Can a Turkish national whose legal status is derived from the second indent of the first paragraph of Article 7 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 and who has lived in Germany since his birth in 1989 rely on the special protection against expulsion under Article 28(3)(a) of Directive 2004/38/EC (1) of 29 April 2004?
   
      (1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77). (Corrigendum to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 229, p. 35)).