CELEX: C2000/149/06
Language: en
Date: 2000-05-27 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 March 2000 in Case C-329/97 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Sezgin Ergat v Stadt Ulm (EEC-Turkey Association Agreement — Free movement of workers — First paragraph of Article 7 of Decision No 1/80 of the Association Council — Member of a Turkish worker's family — Extension of residence permit — Definition of legal residence — Application for extension of a temporary residence permit lodged after its expiry)

C 149/4                EN                     Official Journal of the European Communities                                            27.5.2000
Philippe II — appeal against the judgment of the Court of First                             JUDGMENT OF THE COURT
Instance of the European Communities (Third Chamber,
Extended Composition) of 8 October 1996 in Joined Cases
                                                                                                    (Sixth Chamber)
T-24/93 to T-26/93 and T-28/93 Compagnie Maritime Belge
Transports and Others v Commission [1996] ECR II-1201,
seeking to have that judgment set aside, the other parties to the                                  of 16 March 2000
proceedings being Commission of the European Communities
(Agent: R. Lyal, assisted by J. Flynn), Grimaldi, established            in Case C-329/97 (reference for a preliminary ruling
in Palermo, Italy, and Cobelfret, established in Antwerp,                from the Bundesverwaltungsgericht): Sezgin Ergat v Stadt
represented by M. Clough, Solicitor, with an address for service                                          Ulm (1)
in Luxembourg at the Chambers of A. May, 31 Grand-Rue,
interveners at first instance, Deutsche Afrika-Linien GmbH &
Co., established in Hamburg, Germany, Nedlloyd Lijnen BV,                (EEC-Turkey Association Agreement — Free movement of
established in Rotterdam, Netherlands, applicants at first               workers — First paragraph of Article 7 of Decision No 1/80
instance — the Court (Fifth Chamber), composed of: D.A.O.                of the Association Council — Member of a Turkish worker’s
Edward (Rapporteur), President of the Chamber, J.C. Moitinho             family — Extension of residence permit — Definition of
de Almeida, L. Sevón, C. Gulmann and P. Jann, Judges;                   legal residence — Application for extension of a temporary
N. Fennelly, Advocate General; H. von Holstein, Deputy                                residence permit lodged after its expiry)
Registrar, for the Registrar, has given a judgment on 16 March
2000, in which it:                                                                                   (2000/C 149/06)
                                                                                             (Language of the case: German)
1. Sets aside the judgment of the Court of First Instance of
    8 October 1996 in Joined Cases T-24/93 to T-26/93 and
    T-28/93 Compagnie Maritime Belge Transports and Others v
    Commission to the extent that it upheld the fines imposed on         (Provisional translation; the definitive translation will be published
    Compagnie Maritime Belge Transport SA, Compagnie Maritime                                 in the European Court Reports)
    Belge SA and Dafra-Lines A/S;
                                                                         In Case C-329/97: Reference to the Court under Article 177 of
                                                                         the EC Treaty (now Article 234 EC) by the Bundesverwaltungs-
                                                                         gericht, Germany, for a preliminary ruling in the proceedings
2. Annuls Articles 6 and 7 of Commission Decision 93/82/EEC              pending before that court between Sezgin Ergat and Stadt Ulm
    of 23 December 1992 relating to a proceeding pursuant to             — on the interpretation of the first paragraph of Article 7 of
    Articles 85 (IV/32.448 and IV/32.450: Cewal, Cowac and               Decision No 1/80 of the Association Council of 19 September
    Ukwal) and 86 (IV/32.448 and IV/32.450: Cewal) of the EEC            1980 on the development of the Association, adopted by the
    Treaty as regards Compagnie Maritime Belge Transport SA,             Association Council established by the Association Agreement
    Compagnie Maritime Belge SA and Dafra-Lines A/S;                     between the European Economic Community and Turkey
                                                                         — the Court (Sixth Chamber), composed of: R. Schintgen
                                                                         (Rapporteur), President of the Second Chamber, acting as
                                                                         President of the Sixth Chamber, P.J.G. Kapteyn and G. Hirsch,
3. Dismisses the remainder of the appeal;                                Judges; J. Mischo, Advocate General ; H. von Holstein, Deputy
                                                                         Registrar, has given a judgment on 16 March 2000, in which
                                                                         it has ruled:
4. Orders Compagnie Maritime Belge Transport SA, Compagnie
                                                                         A Turkish national, who was authorised to enter a Member State for
    Maritime Belge SA and Dafra-Lines A/S to bear their own
                                                                         the purpose of re-uniting the family of a Turkish worker belonging to
    costs, and to pay three quarters of those of the Commission of
                                                                         the legal labour force of that State, has been legally resident there for
    the European Communities and all those of Grimaldi and
                                                                         more than five years and has been in legal employment of various
    Cobelfret.
                                                                         kinds, with interruptions, does not lose the benefit of the rights
                                                                         conferred on him by the second indent of the first paragraph of Article
                                                                         7 of Decision No 1/80 of 19 September 1980 on the development
                                                                         of the Association, adopted by the Association Council established by
                                                                         the Association Agreement between the EEC and Turkey, and, in
                                                                         particular, the right to extend his residence permit in the host Member
(1) OJ C 54 of 22.2.1997.                                                State, where his residence permit had expired before the date on which
                                                                         he lodged an application to extend it which was refused by the
                                                                         competent national authorities.
                                                                         (1) OJ C 357 of 22.11.1997.