CELEX: C2003/007/01
Language: en
Date: 2003-01-11 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 19 November 2002 in Case C-188/00 (Reference for a preliminary ruling from the Verwaltungsgericht Karlsruhe): Bülent Kurz, né Yüce, v Land Baden-Württemberg (EEC-Turkey Association Agreement — Freedom of movement for workers — Article 6(1) of Decision No 1/80 of the Association Council — Scope — Registration as duly belonging to the labour force of a Member State — Turkish national pursuing gainful activity in the course of vocational training — Effects of an expulsion order)

11.1.2003               EN                       Official Journal of the European Communities                                                 C 7/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1.    On a proper construction of Article 6(1) of Decision No 1/80
                                                                                   of 19 September 1980 on the development of the Association,
                         (Sixth Chamber)                                           adopted by the Association Council established by the Associ-
                                                                                   ation Agreement between the European Economic Community
                                                                                   and Turkey, a Turkish national:
                      of 19 November 2002
                                                                                   —     who was authorised to enter the territory of a Member
in Case C-188/00 (Reference for a preliminary ruling from                                State with a visa ‘valid only for the purpose of vocational
the Verwaltungsgericht Karlsruhe): Bülent Kurz, né Yüce,
                                                                                         training’,
                v Land Baden-Württemberg (1)
                                                                                   —     who subsequently received a temporary residence authoris-
(EEC-Turkey Association Agreement — Freedom of move-
                                                                                         ation restricted to vocational training activity with a
ment for workers — Article 6(1) of Decision No 1/80 of the
                                                                                         specific employer, and
Association Council — Scope — Registration as duly
belonging to the labour force of a Member State — Turkish
national pursuing gainful activity in the course of vocational                     —     who, in this context, has lawfully pursued a genuine and
           training — Effects of an expulsion order)                                     effective economic activity for that employer in return for
                                                                                         which he has received remuneration corresponding to the
                                                                                         work performed,
                           (2003/C 7/01)
                   (Language of the case: German)                                  is a worker duly registered as belonging to the labour force of
                                                                                   that Member State and legally employed there for the purposes
                                                                                   of the said provision.
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                  Where such a Turkish national has thus worked for that
                                                                                   employer for an uninterrupted period of at least four years, he
                                                                                   enjoys in the host Member State, in accordance with the third
In Case C-188/00: Reference to the Court under Article 234                         indent of Article 6(1) of Decision No 1/80, the right of free
EC by the Verwaltungsgericht Karlsruhe (Germany) for a                             access to any paid employment of his choice and a corresponding
preliminary ruling in the proceedings pending before that                          right of residence.
court between Bülent Kurz, né Yüce, and Land Baden-
Württemberg, on the interpretation of Article 6(1) and the                   2.    Where a Turkish national who fulfils the conditions laid down
second paragraph of Article 7 of Decision No 1/80 of                               in a provision of Decision No 1/80 and therefore enjoys the
19 September 1980 on the development of the Association,                           rights which it confers has been expelled, Community law
adopted by the Association Council established by the Associ-                      precludes application of national legislation under which issue
ation Agreement between the European Economic Community                            of a residence authorisation must be refused until a time-limit
and Turkey, the Court (Sixth Chamber), composed of:                                has been placed on the effectts of the expulsion order.
R. Schintgen (Rapporteur), President of the Second Chamber,
acting for the President of the Sixth Chamber, C. Gulmann,
V. Skouris, F. Macken and N. Colneric, Judges; P. Léger,                     (1 ) OJ C 247 of 26.8.2000.
Advocate General; H. von Holstein, Deputy Registrar, has
given a judgment on 19 November 2002, in which it has
ruled: