CELEX: 62012CN0513
Language: en
Date: 2012-11-13 00:00:00
Title: Case C-513/12: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany), lodged on 13 November 2012 — Aslihan Nazli Ayalti v Federal Republic of Germany

2.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/6
            
         Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany), lodged on 13 November 2012 — Aslihan Nazli Ayalti v Federal Republic of Germany
   (Case C-513/12)
   2013/C 63/10
   Language of the case: German
   
      Referring court
   
   Verwaltungsgericht Berlin
   
      Parties to the main proceedings
   
   
      Applicant: Aslihan Nazli Ayalti
   
      Defendant: Federal Republic of Germany
   
      Questions referred
   
   
               1.
            
            
               Do Article 41(1) of the Additional Protocol of 23 November 1970 to the Agreement of 12 September 1963 establishing an Association between the European Economic Community and Turkey for the transitional stage of the Association (AP) and/or Article 13 of Decision No 1/80 of the EEC-Turkey Association Council of 19 September 1980 (Decision No 1/80) preclude a provision of national law which was introduced for the first time after the abovementioned provisions had come into force and which makes the first entry of a member of the family of a Turkish national who enjoys the legal status under Article 6 of Decision No 1/80 conditional on the requirement that, prior to entry, the family member can demonstrate the ability to make himself or herself understood, in a basic way, in the German language?
            
         
               2.
            
            
               If the first question is to be answered in the negative: does the first subparagraph of Article 7(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (1) preclude the provision of national law mentioned in Question 1?
            
         
      (1)  OJ 2003 L 251, p. 12.