CELEX: 62008CN0303
Language: en
Date: 2008-07-08 00:00:00
Title: Case C-303/08: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Deutschland) lodged on 8 July 2008 — Metin Bozkurt v Land Baden-Württemberg

27.9.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 247/6
            
         Reference for a preliminary ruling from the Bundesverwaltungsgericht (Deutschland) lodged on 8 July 2008 — Metin Bozkurt v Land Baden-Württemberg
   (Case C-303/08)
   (2008/C 247/09)
   Language of the case: German
   Referring court
   Bundesverwaltungsgericht
   Parties to the main proceedings
   
      Applicant: Metin Bozkurt
   
      Defendant: Land Baden-Württemberg
   
      Other party: Der Vertreter des Bundesinteresses beim Bundesverwaltungsgericht
   Questions referred
   
               1.
            
            
               Is the right of residence and employment acquired as a member of the family pursuant to the second indent of the first paragraph of Article 7 of Decision No 1/80 of the EEC-Turkey Association Council by the spouse of a Turkish worker who is duly registered as belonging to the labour force of a Member State retained even after a divorce?
               If the reply to the first question is in the affirmative:
            
         
               2.
            
            
               Is it an abuse of rights to plead the right of residence derived from his former wife under the second indent of the first paragraph of Article 7 of Decision No 1/80 of the EEC-Turkey Association Council where the Turkish national raped and injured his former wife after acquiring the legal status and the offence was punished with two years' imprisonment?