CELEX: C2005/217/19
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-373/03: Reference for a preliminary ruling from the Verwaltungsgericht Freiburg in Ceyhun Aydinli v Land Baden-Württemberg (EEC-Turkey Association — Free movement of workers — Decision No 1/80 of the Association Council — Articles 6 and 7 — Criminal conviction — Prison sentence — Effect on right of residence)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/10
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 7 July 2005
   in Case C-373/03: Reference for a preliminary ruling from the Verwaltungsgericht Freiburg in Ceyhun Aydinli v Land Baden-Württemberg (1)
   
   (EEC-Turkey Association - Free movement of workers - Decision No 1/80 of the Association Council - Articles 6 and 7 - Criminal conviction - Prison sentence - Effect on right of residence)
   (2005/C 217/19)
   Language of the case: German
   In Case C-373/03: reference for a preliminary ruling under Article 234 EC from the Verwaltungsgericht Freiburg (Germany), made by decision of 12 March 2003, received at the Court on 5 September 2003, in the proceedings between Ceyhun Aydinli and Land Baden-Württemberg — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, R. Schintgen (Rapporteur) and P. Kūris, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 7 July 2005, in which it ruled:
   A Turkish national who enjoys the right of free access to any paid employment of his choice under the second indent of the first sentence of Article 7 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey, does not forfeit that right either as a result of his prolonged absence from the labour market due to imprisonment, even for a period of several years followed by long-term drug treatment, or on account of the fact that at the time of the decision to expel him he was an adult and no longer resided with the Turkish worker from whom he derived his right of residence but lived independently.
   
      (1)  OJ C 21 of 24.1.2005.