CELEX: 62018CA0089
Language: en
Date: 2019-07-10 00:00:00
Title: Case C-89/18: Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Østre Landsret — Denmark) — A v Udlændinge- og Integrationsministeriet (Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 1/80 — Article 13 — Standstill clause — Family reunification of spouses — New restriction — Overriding reason in the public interest — Successful integration — Efficient management of migration flows — Proportionality)

9.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/13
            
         
      Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Østre Landsret — Denmark) — A v Udlændinge- og Integrationsministeriet
      (Case C-89/18) (1)
      
      (Reference for a preliminary ruling - EEC-Turkey Association Agreement - Decision No 1/80 - Article 13 - Standstill clause - Family reunification of spouses - New restriction - Overriding reason in the public interest - Successful integration - Efficient management of migration flows - Proportionality)
      (2019/C 305/16)
      Language of the case: Danish
      
         Referring court
      
      Østre Landsret
      
         Parties to the main proceedings
      
      Applicant: A
      
         Defendant: Udlændinge- og Integrationsministeriet
      
         Operative part of the judgment
      
      Article 13 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, signed at Ankara on 12 September 1963 by the Republic of Turkey, on the one hand, and by the Member States of the EEC and the Community, on the other hand, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963, must be interpreted as meaning that a national measure which makes family reunification between a Turkish worker legally resident in the Member State concerned and his spouse conditional upon their overall attachment to that Member State being greater than their overall attachment to a third country, constitutes a ‘new restriction’, within the meaning of that provision. Such a restriction is unjustified.
      
         (1)  OJ C 142, 23.4.2018.