CELEX: C2006/326/14
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-4/05: Judgment of the Court (First Chamber) of 26 October 2006 (reference for a preliminary ruling from the Verwaltungsgericht Aachen, Germany) — Hasan Güzeli v Oberbürgermeister der Stadt Aachen (Reference for a preliminary ruling — EEC-Turkey Association — Freedom of movement for workers — Article 10(1) of Decision No 1/80 of the Association Council — Refusal to extend a Turkish worker's residence permit)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/7
            
         Judgment of the Court (First Chamber) of 26 October 2006 (reference for a preliminary ruling from the Verwaltungsgericht Aachen, Germany) — Hasan Güzeli v Oberbürgermeister der Stadt Aachen
   (Case C-4/05) (1)
   
   (Reference for a preliminary ruling - EEC-Turkey Association - Freedom of movement for workers - Article 10(1) of Decision No 1/80 of the Association Council - Refusal to extend a Turkish worker's residence permit)
   (2006/C 326/14)
   Language of the case: German
   Referring court
   Verwaltungsgericht Aachen
   Parties to the main proceedings
   
      Applicant: Hasan Güzeli
   
      Defendant: Oberbürgermeister der Stadt Aachen
   Re:
   Reference for a preliminary ruling — Verwaltungsgericht Aachen — Interpretation of Article 10(1) of Decision No 1/80 of the EEC/Turkey Association Council — Non discrimination against Turkish workers duly registered as belonging to the labour force as regards conditions of employment — Refusal to extend the residence permit putting an end to the employment of a seasonal Turkish worker in possession of a work permit of unlimited duration
   Operative part of the judgment
   The first indent of Article 6(1) of Decision No 1/80 of the EEC Turkey Association Council of 19 September 1980 on the development of the Association must be interpreted as meaning that a Turkish worker can rely on the rights conferred upon him by that provision only where his paid employment with a second employer complies with the conditions laid down by law and regulation in the host Member State governing entry into its territory and employment. It is for the national court to make the requisite findings in order to establish whether that is the case in respect of a Turkish worker who changed employer prior to expiry of the period of three years provided for in the second indent of Article 6(1) of that decision.
   The second sentence of Article 6(2) of Decision No 1/80 must be interpreted as meaning that it is intended to ensure that periods of interruption of legal employment on account of involuntary unemployment and long term sickness do not affect the rights that the Turkish worker has already acquired owing to preceding periods of employment the length of which is fixed in each of the three indents of Article 6(1) respectively.
   
      (1)  OJ C 57, 05.04.2005.