CELEX: C1997/199/06
Language: en
Date: 1997-06-28 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 April 1997 in Case C-351/95 (reference for a preliminary ruling from the Bayerisches Verwaltungsgericht München): Selma Kadiman v. Freistaat Bayern (EEC-Turkey Association Agreement - Decision of the Association Council - Free movement of workers - Member of a worker's family - Extension of residence permit - Conditions - Family unity - Legal residence for three years - Calculation in the event of interruptions)

No C 199/4             EN                   Official Journal of the European Communities                                    28 . 6 . 97
     Customs Tariff (and under subheading 3505 10 50 of                1 . The first paragraph of Article 7 of Decision No 1 /80
     the combined nomenclature) is primarily dependent on                  of 19 September 1980 on the development of the
     its acetyl content and thus on its degree of                          Association, adopted by the Association Council
     esterification. Nevertheless, it is for the national court            established by the Association Agreement between the
     to determine whether the nature of the esterification                 European Economic Community and Turkey, does not
     does not amount to an alteration of the potato starch                 in principle preclude the competent authorities of a
     such that it no longer corresponds qualitatively to                   Member State from requiring that the family members
     native potato starch.                                                 of a Turkish worker, referred to by that provision, live
                                                                           with him for the period of three years prescribed by
                                                                           the first indent of that Article in order to be entitled to
2 . A maximum acetyl content of between 0,61% and                          reside in that Member State. There may however be
     0,74% by weight of esterified potato starch does not                  objective reasons to justify the family member
     preclude its being classified under heading 11.08 A IV                concerned living apart from the Turkish migrant
     of the Common Customs Tariff and under subheading                     worker.
      1108 13 00 of the combined nomenclature.
(') OJ No C 268 , 14 . 10 . 1995 .                                     2 . The first indent of the first paragraph of Article 7 of
                                                                           Decision No 1 /80 is to be interpreted as meaning that
                                                                           the family member concerned is in principle required
                                                                           to reside uninterruptedly for three years in the host
                                                                           Member State. However, account must be taken, for
                                                                           the purpose of calculating the three-year period of
                                                                           legal residence within the meaning of that provision,
                JUDGMENT OF THE COURT                                      of an involuntary stay of less than six months by the
                                                                           person concerned in his country of origin. The same
                         ( Sixth Chamber)                                  applies to the period during which the person
                        of 17 April 1997                                    concerned was not in possession of a valid residence
                                                                           permit, where the competent authorities of the host
in Case C-351/95 (reference for a preliminary ruling from                   Member State did not claim on that ground that the
the Bayerisches Verwaltungsgericht Miinchen): Selma                        person concerned was not legally resident within
                 Kadiman v. Freistaat Bayern (')                            national territory, but on the contrary issued a new
                                                                            residence permit to him.
(EEC-Turkey Association Agreement — Decision of the
Association Council — Free movement of workers —
Member of a worker's family — Extension of residence                   (') OJ No C 16,20 . 1 . 1996 .
permit — Conditions — Family unity — Legal residence
for three years — Calculation in the event of
                            interruptions)
                            ( 97/C 199/06 )
                 (Language of the case: German)                                       JUDGMENT OF THE COURT
                                                                                               of 22 April 1997
                                                                       in Case C-66/95 (reference for a preliminary ruling from
   (Provisional translation; the definitive translation will be        the High Court of Justice, Queen's Bench Division): The
           published in the European Court Reports)                     Queen v. Secretary of State for Social Security, ex parte:
                                                                                               Eunice Sutton ( 1 )
 In Case C-351 /95 : reference to the Court under Article 177           (Directive 79/7/EEC — Equal treatment for men and
 of the EC Treaty by the Bayerisches Verwaltungsgericht                 women in matters of social security — Responsibility of a
 Miinchen ( Germany ) for a preliminary ruling in the                   Member State for an infringement of Community law —
 proceedings pending before that court between Selma                    Right to receive interest on arrears of social security
 Kadiman and Freistaat Bayern — on the interpretation of                                             benefits)
 the first paragraph of Article 7 of Decision No 1 /80 of the
 Association Council of 19 September 1980 on the                                                 ( 97/C 199/07 )
 development of the Association, adopted by the
 Association Council established by the Association
 Agreement between the European Economic Community                                     (Language of the case: English)
 and Turkey — the Court ( Sixth Chamber ), composed of:
 G. F. Mancini , President of the Chamber, J. L. Murray,
 P. J. G. Kapteyn, H. Ragnemalm and R. Schintgen                        In Case C-66/95 : reference to the Court under Article 177
 ( Rapporteur ), Judges; M. B. Elmer, Advocate-General; D.              of the EC Treaty from the High Court of Justice of
 Louterman-Hubeau, Principal Administrator for the                      England and Wales, Queen's Bench Division, for a
 Registrar, has given a judgment on 17 April 1997, in                   preliminary ruling in the proceedings pending before that
 which it has ruled :                                                   court between The Queen v. Secretary of State for Social