CELEX: C2000/102/12
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court (Second Chamber) of 17 February 2000 in Case C-156/97: Commission of the European Communities v Van Balkom Non-Ferro Scheiding BV (Arbitration clause — Rescission of a contract — Right to reimbursement of advance payments)

C 102/8                  EN                      Official Journal of the European Communities                                           8.4.2000
Verwaltungsgericht Ansbach (Bavarian Administrative Court,                                    JUDGMENT OF THE COURT
Ansbach), Germany, for a preliminary ruling in the proceedings
pending before that court between Ömer Nazli, Caglar Nazli,
Melike Nazli and Stadt Nürnberg — on the interpretation of                                           (Second Chamber)
Articles 6(1) and 14(1) 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                                        of 17 February 2000
between the European Economic Community and Turkey
— the Court (Sixth Chamber), composed of: R. Schintgen
(Rapporteur), President of the Second Chamber, acting as                    in Case C-156/97: Commission of the European Communi-
President of the Sixth Chamber, P.J.G. Kapteyn and G. Hirsch,                       ties v Van Balkom Non-Ferro Scheiding BV (1)
Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
10 February 2000, in which it has ruled:                                    (Arbitration clause — Rescission of a contract — Right to
                                                                                          reimbursement of advance payments)
                                                                                                       (2000/C 102/12)
1. A Turkish national who has been in legal employment in a
    Member State for an uninterrupted period of more than four
    years but is subsequently detained pending trial for more than a                            (Language of the case: German)
    year in connection with an offence for which he is ultimately
    sentenced to a term of imprisonment suspended in full has not
    ceased, because he was not in employment while detained pending
    trial, to be duly registered as belonging to the labour force of the    (Provisional translation; the definitive translation will be published
    host Member State if he finds a job again within a reasonable                               in the European Court Reports)
    period after his release, and may claim there an extension of his
    residence permit for the purposes of continuing to exercise his
    right of free access to any paid employment of his choice under         In Case C-156/97: Commission of the European Communities
    the third indent of Article 6(1) of Decision No 1/80 of                 (Agents: H. van Lier and G. zur Hausen, assisted by B.
    19 September 1980 on the development of the Association,                Wägenbaur) v Van Balkom Non-Ferro Scheiding BV, estab-
    adopted by the Association Council established by the Association       lished in Oss, Netherlands, represented by D. Baas, Rechtsan-
    Agreement between the European Economic Community and                   walt, Mannheim, Postfach 10 27 50, D-68027 Mannheim —
    Turkey.                                                                 application for recovery of an advance payment which the
                                                                            Commission made to the defendant in respect of a demon-
                                                                            stration project in the field of the production of energy from
                                                                            crushed motor vehicle scrap metal — the Court (Second
                                                                            Chamber), composed of: R. Schintgen, President of the Chamb-
                                                                            er, G. Hirsch (Rapporteur) and V. Skouris, Judges; J. Mischo,
2. Article 14(1) of Decision No 1/80 is to be interpreted as
                                                                            Advocate General; L. Hewlett, Administrator, and then
    precluding the expulsion of a Turkish national who enjoys a right
                                                                            H.A. Rühl, Principal Administrator, for the Registrar, has given
    granted directly by that decision when it is ordered, following a
                                                                            a judgment on 17 February 2000, in which it:
    criminal conviction, as a deterrent to other aliens without the
    personal conduct of the person concerned giving reason to
    consider that he will commit other serious offences prejudicial to      1. Orders Van Balkom Non—Ferro Scheiding BV to pay to the
    the requirements of public policy in the host Member State.                 Commission of the European Communities the sum of EUR
                                                                                251 649, plus interest on that sum as from 1 May 1995 at the
                                                                                percentage rates, published on the first working day of each
                                                                                month, which the European Monetary Cooperation Fund charges
                                                                                in respect of its euro transactions;
(1) OJ C 357 of 22.11.1997.                                                 2. Dismisses the application as to the remainder;
                                                                            3. Orders Van Balkom Non-Ferro Scheiding BV to pay the costs.
                                                                            (1) OJ C 212 of 12.7.1997.