CELEX: C2003/304/13
Language: en
Date: 2003-12-13 00:00:00
Title: Case C-374/03: Reference for a preliminary ruling by the Verwaltungsgericht Sigmaringen by order of that Court of 31 July 2003 in the administrative law case of Gaye Gürol against Landesamt für Ausbildungsförderung Nordrhein-Westfalen

13.12.2003              EN                          Official Journal of the European Union                                           C 304/9
No 2307/97 of 18 November 1997 (OJ 1997 L 325,                              for a preliminary ruling in the administrative law case of
p. 1), and of Commission Regulation (EC) No 1808/2001 of                    Gaye Gürol against Landesamt für Ausbildungsförderung
30 August 2001 laying down detailed rules concerning the                    Nordrhein-Westfalen on the following questions:
implementation of Regulation No 338/97 (OJ 2001 L 250,
p. 1), the Court (Sixth Chamber), composed of: J.-P. Puissochet,            1.    Does the first sentence of Article 9 of Decision No 1/80
President of the Chamber, C. Gulmann, F. Macken, N. Colneric                      of the EEC/Turkey Association Council have direct effect
(Rapporteur) and J.N. Cunha Rodrigues, Judges; C. Stix-Hackl,                     in the domestic legal systems of Member States of the
Advocate General; R. Grass, Registrar, has given a judgment                       European Community, so that Turkish children residing
on 23 October 2003, in which it has ruled:                                        legally in a Member State of the Community with their
                                                                                  parents who are or have been legally employed in that
1.    Articles 2(w) and 8(3)(b) of Council Regulation (EC) No 338/                Member State, and who have the same qualifications as
      97 of 9 December 1996 on the protection of species of wild                  the children of nationals of that Member State, are entitled
      fauna and flora by regulating trade therein, as amended by                  to equal access to general education, apprenticeship and
      Commission Regulation (EC) No 2307/97 of 18 November                        vocational training?
      1997 are to be interpreted as meaning that the animals referred
      to in Annex A to that regulation but which have been stuffed          2.    If Question 1 is answered in the affirmative:
      fall within the definition of ‘worked specimens’ for the purposes
      of those provisions.                                                        Do Turkish children still qualify as ‘residing legally with
                                                                                  their parents’ if they establish and maintain their own
                                                                                  principal residence at the place of their university edu-
2.    Article 8(3)(b) of Regulation No 338/97, as amended by
                                                                                  cation and are registered with only a subsidiary residence
      Regulation No 2307/97, is to be interpreted as meaning that
                                                                                  at their parents’ address?
      receiving specimens as a gift or inheriting them, and killing
      animals and then taking them into one’s possession, makes
      them ‘acquired’ within the meaning of that provision. It is not       3.    If Question 2 is answered in the affirmative:
      necessary that the person who acquired the specimen more than
                                                                                  Does the first sentence of Article 9 of Decision No 1/80
      50 years previously be the present owner.
                                                                                  of the EEC/Turkey Association Council confer on the
                                                                                  beneficiaries of that provision entitlement not only to
3.    Notwithstanding the provision in the second paragraph of                    equal access to educational facilities but also to equal
      Article 32 of Commission Regulation (EC) No 1808/2001 of                    access to State benefits granted by the Member State with
      30 August 2001 laying down detailed rules concerning the                    the aim of facilitating participation in education or
      implementation of Regulation No 338/97, Article 8(3)(b) of                  training, or is Article 9 of Decision No 1/80 of the EEC/
      the latter regulation must be interpreted as meaning that the               Turkey Association Council to be interpreted as reserving
      management authority of the Member State concerned must                     to Member States the possibility of making the grant of
      have been able to ascertain that the specimen in question was               social benefits in the area of education subject to other
      acquired in accordance with the conditions laid down in                     conditions or of limiting those benefits?
      Article 2(w) of Regulation No 338/97, as amended by
      Regulation No 2307/97.
                                                                            4.    If Questions 2 and 3 are answered in the affirmative:
                                                                                  Does that also apply to a university education in the
(1) OJ C 144 of 15.6.2002.
                                                                                  Turkish homeland for the beneficiaries?
Reference for a preliminary ruling by the Verwaltungsger-
icht Sigmaringen by order of that Court of 31 July                          Action brought on 25 September 2003 by the Italian
2003 in the administrative law case of Gaye Gürol                           Republic against the Commission of the European Com-
against Landesamt für Ausbildungsförderung Nordrhein-                                                    munities
                               Westfalen
                                                                                                     (Case C-401/03)
                           (Case C-374/03)
                                                                                                     (2003/C 304/14)
                           (2003/C 304/13)
                                                                            An action against the Commission of the European Communi-
Reference has been made to the Court of Justice of the                      ties was brought before the Court of Justice of the European
European Communities by order of the Verwaltungsgericht                     Communities on 25 September 2003 by the Italian Republic
Sigmaringen (Administrative Court, Sigmaringen) of 31 July                  represented by Ivo Maria Braguglia, acting as Agent and
2003, received at the Court Registry on 8 September 2003,                   Antonio Cingolo, Avvocato dello Stato.