CELEX: C2004/021/15
Language: en
Date: 2004-01-24 00:00:00
Title: Case C-373/03: Reference for a preliminary ruling by the Verwaltungsgericht Freiburg by order of that Court of 12 March 2003 in the administrative law case of Ceyhun Aydinli versus Land Baden-Württemberg, represented by the Regierungspräsidium Freiburg

24.1.2004             EN                         Official Journal of the European Union                                            C 21/9
Reference for a preliminary ruling by the Verwaltungsge-                 6.    Should ceasing to live as a family with a person generally
richt Freiburg by order of that Court of 12 March 2003 in                      be deemed to occur for this purpose where the Turkish
the administrative law case of Ceyhun Aydinli versus                           worker’s adult child moves out of the Turkish worker’s
Land Baden-Württemberg, represented by the Regie-                              home on a permanent basis and neither the child nor the
                   rungspräsidium Freiburg                                     Turkish worker continues to require particular closeness
                                                                               or care?
                        (Case C-373/03)                                  7.    Should ceasing to belong to the labour force, in the
                                                                               context of the legal status of a member of the family of a
                                                                               Turkish worker under the second indent of the first
                         (2004/C 21/15)                                        sentence of Article 7, be determined by reference to
                                                                               criteria the same as those applicable to the forfeiture of
                                                                               rights under the third indent of Article 6(1)?
Reference has been made to the Court of Justice of the                   8.    Does the child of a Turkish worker who has completed a
European Communities by order of the Verwaltungsgericht                        course of vocational training in the host country forfeit
Freiburg (Administrative Court, Freiburg) of 12 March 2003,                    his right under the second sentence of Article 7 of
received at the Court Registry on 5 September 2003, for a                      Decision No 1/80 to respond to any offer of employment
preliminary ruling in the administrative law case of Ceyhun                    in that Member State if he has already entered the labour
Aydinli versus Land Baden-Württemberg, represented by the                      force there by taking up permanent employment?
Regierungspräsidium Freiburg on the following questions:
                                                                         9.    Is that right under the second sentence of Article 7 of
1.   Can the fact that a Turkish worker is not duly registered                 Decision No 1/80 forfeited if a person with that right has
     as belonging to the labour force due to enforcement of a                  ceased to be duly registered as belonging to the labour
     fixed-term prison sentence cause him to have ceased to                    force of that Member State in a way that would lead to
     belong to that labour force, thereby leading to the                       the loss of a Turkish worker’s legal status under the third
     forfeiture of rights that he has acquired under the third                 indent of Article 6(1)?
     indent of Article 6(1) of Decision No 1/80 of the
     Association Council of 19 September 1980 on the
     development of the Association (hereinafter ‘Decision
     No 1/80’) as a result of his many years of employment in
     the Member State?
2.   Where applicable, how is the duration of an absence from
     the labour force due to enforcement of a prison sentence,           Reference for a preliminary ruling by the Commissione
     which leads to forfeiture of rights, to be determined?              Tributaria Provinciale di Massa e Carrara — Sezione III —
                                                                         by order of that Court of 21 July 2003 in the case of
                                                                         GE.M.E.G. S.r.l. against 1) Comune di Carrara and 2) Cerit
3.   When determining that duration can account also be                                                S.p.A.
     taken of the period during which the Turkish worker was
     absent as a result of detention pending trial under a court
     order immediately preceding enforcement of the prison                                       (Case C-426/03)
     sentence?
                                                                                                  (2004/C 21/16)
4.   When determining that duration can account also be
     taken of the fact that, at the time that the expulsion order
     is made, the claimant is expected to remain absent from
     the labour force for some time because, if expulsion is             Reference has been made to the Court of Justice of the
     not ordered, he can in all probability — in deferring               European Communities by order of the Commissione Tribu-
     enforcement of the prison sentence — commence long-                 taria Provinciale di Massa e Carrara — Sezione III — (Provincial
     term drug therapy aimed at his social and occupational              Tax Court of Massa Carrara, Third Chamber) of 21 July 2003,
     rehabilitation for which there are sufficient prospects of          received at the Court Registry on 7 October 2003, for a
     success?                                                            preliminary ruling in the case of GE.M.E.G. S.r.l. against
                                                                         1) Comune di Carrara and 2) Cerit S.p.A. on the following
5.   In order for a member of the family of a Turkish worker             questions:
     to forfeit his legal status under the second indent of the
     first sentence of Article 7 of Decision No 1/80 is it               (A) Does a tax, levied by a municipal authority in one
     necessary for that member of the family to have ceased                    Member State on goods exported to another Member
     living as a family with the Turkish worker from whom                      State on account of their leaving a municipality in the
     he originally derived his right of residence and also for                 first Member State, constitute a charge having equivalent
     that member of the family to have definitively ceased to                  effect to customs duties on exports, even though that
     be duly registered as belonging to the labour force of the                fiscal charge also applies to goods leaving that munici-
     Member State in which they are both living?                               pality for another part of that Member State?