CELEX: 62020CN0194
Language: en
Date: 2020-05-08 00:00:00
Title: Case C-194/20: Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 May 2020 — BY, CX, FU, DW, EV v Stadt Duisburg

10.8.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/14
            
         
      Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 May 2020 — BY, CX, FU, DW, EV v Stadt Duisburg
      (Case C-194/20)
      (2020/C 262/17)
      Language of the case: German
      
         Referring court
      
      Verwaltungsgericht Düsseldorf
      
         Parties to the main proceedings
      
      
         Applicants: BY, CX, FU, DW, EV
      
         Defendant: Stadt Duisburg
      
         Questions referred
      
      
                  1.
               
               
                  Does the entitlement of Turkish children under the first sentence of Article 9 of Decision No 1/80 (1) also include a right of residence in the host Member State without the need to fulfil further conditions?
               
            
                  2.
               
               
                  If Question 1 is answered in the affirmative:
                  
                              (a)
                           
                           
                              Does an entitlement to residence under the first sentence of Article 9 of Decision No 1/80 require that the parents of the Turkish children benefiting from that provision have already acquired rights under Article 6(1) or Article 7 of Decision No 1/80?
                           
                        
                              (b)
                           
                           
                              If Question 2(a) is answered in the negative: Is legal employment within the meaning of the first sentence of Article 9 of Decision No 1/80 to be interpreted in the same way as in Article 6(1) of Decision No 1/80?
                           
                        
                              (c)
                           
                           
                              If Question 2(a) is answered in the negative: Can an entitlement to residence in respect of Turkish children under the first sentence of Article 9 of Decision No 1/80 already arise after one of the parents has been in legal employment in the host Member State for a period of (only) three months?
                           
                        
                              (d)
                           
                           
                              If Question 2(a) is answered in the negative: Does the right of residence of Turkish children also entail, without the need to fulfil further conditions, a right of residence for one or both parents with custody?
                           
                        
            
         (1)  Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association.