CELEX: C1995/229/03
Language: en
Date: 1995-09-02 00:00:00
Title: JUDGMENT OF THE COURT of 6 June 1995 in Case C-434/93 (reference for a preliminary ruling from the Raad van State, Netherlands): Ahmet Bozkurt v. Staatssecretaris van Justitie (Association Agreement between the EEC and Turkey - Decision of the Association Council - Freedom of movement for workers - International lorry-driver - Permanent incapacity for work - Right to remain)

No C 229/2               EN                   Official Journal of the European Communities                                      2 . 9 . 95
       did not inform the applicant in writing, before                                 JUDGMENT OF THE COURT
       1 September 1 990, of the result of his application.                                       of 6 June 1995
                                                                         in Case C-434/93 (reference for a preliminary ruling from
(') OJ No C 306 , 12 . 11 . 1993 .                                       the Raad van State, Netherlands ): Ahmet Bozkurt v.
( 2 ) OJ No L 116 , 28 . 4 . 1989 , p . 25 .
( 3 ) OJ No L 116 , 28 . 4 . 1989 , p . 30 .
                                                                                         Staatssecretaris van Justitie ( 1 )
                                                                         (Association Agreement between the EEC and Turkey —
                                                                         Decision of the Association Council — Freedom of
                                                                         movement for workers — International lorry-driver —
                                                                             Permanent incapacity for work — Right to remain)
                                                                                                    95/C 229/03
                 JUDGMENT OF THE COURT
                           ( Fifth Chamber)                                              (Language of the case: Dutch)
                            of 1 June 1995
                                                                         (Provisional translation; the definitive text will be published
         in Case C-123/94 : Commission of the European                                  in the European Court Reports)
               Communities v. Hellenic Republic (^
 (Freedom of movement for workers — Equal treatment —                    In Case C-434/93 : reference to the Court under Article 177
    Recruitment of foreigners by private language schools)
                                                                         of the EC Treaty from the Raad van State ( Council of State,
                             ( 95/C 229/02 )                             Netherlands ) for a preliminary ruling in the proceedings
                                                                         pending before that court between Ahmet Bozkurt and the
                    (Language of the case: Greek)                        Staatssecretaris van Justitie on the interpretation of Article 2
                                                                         of Decision No 2/76 of 20 December 1976 and Article 6 of
                                                                         Decision No 1/80 of 19 September 1980 of the Association
 (Provisional translation; the definitive translation will be
                                                                         Council established by the agreement establishing an
             published in the European Court Reports)
                                                                         Association between the European Economic Community
                                                                         and Turkey, signed on 12 September 1963 in Ankara and
 In Case C-123/94 : Commission of the European                           approved on behalf of the Community by Council Decision
 Communities ( Agent: Maria Patakia ) v. Hellenic Republic                64/732/EEC ( 2 ).
 (Agents: Aikaterini Samoni-Rantou and Evi Skandalou ) —
 application for a declaration that, by maintaining in force
 the provisions of Article 70 of Decree Law No 2545/1940                 The Court, composed of G. C. Rodriguez Iglesias, President,
 and Decision No 46508 of 10/ 17 May 1976 of the Minister                 F. A. Schockweiler ( Rapporteur ), P. J. G. Kapteyn and
                                                                          C. Gulmann, Presidents of Chambers, G. F. Mancini, C. N.
 for National Education and Religious Affairs ( as
                                                                          Kakouris, J. C. Moitinho de Almeida , J. L. Murray, D. A. O.
 subsequently amended ), the Hellenic Republic has failed to
 fulfil its obligations under the EC Treaty and Article 3 ( 1 ) of        Edward, J. -P. Puissochet and G. Hirsch, Judges; M. B.
 Council Regulation ( EEC ) No 1612/68 of 15 October 1968                 Elmer, Advocate-General; H. von Holstein, Deputy
 on       freedom    of movement         for workers    within  the       Registrar, has given a judgment on 6 June 1995 in which it
                                                                          ruled :
 Community ( 2 ) — the Court ( Fifth Chamber ), composed of:
 C. Gulmann, President of the Chamber, J. C. Moitinho de
 Almeida ( Rapporteur ), D. A. O. Edward, J. -P. Puissochet               1.  in order to ascertain whether a Turkish worker
 and L. Sevon, Judges; M. B. Elmer, Advocate-General;                         employed as an international lorry-driver belongs to the
 R. Grass, Registrar, has given a judgment on 1 June 1 995 , in               legitimate labour force of a Member State, for the
 which it :                                                                   purposes of Article 6 (1 ) of Decision No 1 /80 of
                                                                              19 September 1980 of the Association Council
  1 . declares that, by maintaining in force the provisions of                established by the agreement establishing and
        Article 70 of Decree Law No 2545/1940 and Decision                    Association between the European Economic
        No 46508 of 10/17 May 1976 of the Minister for                        Community and Turkey, signed on 12 September 1963
        National Education and Religious Affairs (as                          in Ankara and approved on behalfof the Community by
        subsequently amended), the Hellenic Republic has failed               Council Decision 64/732/EEC of 23 December 1963, it
        to fulfil its obligations under Community law, more                   is for the national court to determine whether the
        specifically Article 48 (2) of the EC Treaty and Article 3            applicant's employment relationship retained a
        (1 ) of Council Regulation (EEC) No 1612/68 of                        sufficiently close link with the territory of the Member
        15 October 1968 on freedom of movement for workers                    State, and, in so doing, to take account, in particular, of
        within the Community;                                                 the place where he was hired, the territory on which the
                                                                              paid employment is based and the applicable national
                                                                              legislation in the field ofemployment and social security
  2 . orders the Hellenic Republic to pay the costs.                          law;
  (•) OJ No C 174 , 25 . 6 . 1994 .                                       2 . the existence of legal employment in a Member State
  (2 ) OJ No L 257, 19 . 10 . 1968 , p . 2 .                                   within the meaning ofArticle 6 (1 ) of Decision No 1 /80,
                                                                               cited above, can be established in the case of a Turkish
                                                                               worker who was not required by the national legislation
 ---pagebreak---  2 . 9 . 95             EN                      Official Journal of the European Communities                                 No C 229/3
      concerned to hold a work permit or a residence permit                 ( Rapporteur) and J. L. Murray, Judges; M. B. Elmer,
      issued by the authorities in the host State in order to              Advocate-General; D. Louterman-Hubeau, Principal
      carry out his work . The fact that such employment exists            Administrator, for the Registrar, gave a judgment on
      necessarily implies the recognition ofa right ofresidence             15 June 1995 , the operative part of which is as follows :
      for the person concerned;
                                                                           Community law does not preclude a court which has made a
 3 . Article 6 (2) of Decision No 1 /80 does not confer on a               preliminary reference from finding that in national law the
      Turkish national who has belonged to the legitimate                  claims of the appellants have been acceded to and, where
      labour force ofa Member State the right to remain in the             appropriate, that the main proceedings are thereby
      territory of that State following an accident at work                terminated. As long as the court which made the reference
      rendering him permanently incapacitated for work .                   has not found that in national law the fact that the claims
                                                                           have been acceded to has not so terminated the proceedings,
                                                                           the Court has no jurisdiction to give a ruling on the
(!) OJ No C 338 , 15 . 12 . 1993 .                                         questions referred to it.
( 2 ) OJ No 217, 29 . 12 . 1964 , p . 3685/64 .
                                                                           ( 1 ) OJ No C 316 , 23 . 11 . 1993 .
                                                                           ( 2 ) OJ No L 230, 22 . 8 . 1983 , p . 6 .
                JUDGMENT OF THE COURT
                        ( Fourth Chamber )
                          of 15 June 1995                                                 JUDGMENT OF THE COURT
in Joined Cases C-422/93 , C-423/93 and C-424/93                                                    ( Fifth Chamber)
(references for a preliminary ruling from the Tribunal
Superior de Justicia de la Comunidad Autónoma del País                                              of 15 June 1995
Vasco ( Spain ): Teresa Zabala Erasun v. Instituto Nacional                       in Case C-220/94: Commission of the European
de Empleo; Elvira Encabo Terrazos v. Instituto Nacional de                        Communities v. Grand Duchy of Luxembourg ( 1 )
Empleo; and Francisco Casquero Carrillo v. Instituto                       (Failure to fulfil obligations — Directive 92/44/EEC —
                     Nacional de Empleo i 1 )                              Telecommunications — Open network provision for leased
(Preliminary reference — Conditions under which court of                                                   lines)
reference should maintain its reference — Scope of the                                                 95/C 229/05 )
                       Court's jurisdiction)
                           ( 95/C 229/04 )
                                                                                           (Language of the case: French)
                 (Language of the case: Spanish)
                                                                           (Provisional translation; the definitive translation will be
                                                                                     published in the European Court Reports)
(Provisional translation; the definitive translation will be
           published in the European Court Reports)
                                                                          In Case C-220/94 : Commission of the European
                                                                          Communities (Agents: Anders C. Jessen and J.-F . Pasquier )
In Joined Cases C-422/93 , C-423/93 and C-424/93 :                        v. Grand Duchy of Luxembourg ( Agent: N. Schmit ) —
references to the Court under Article 177 of the EC Treaty                application for a declaration that, by failing to adopt within
by the Tribunal Superior de Justicia de la Comunidad                      the prescribed period the laws, regulations and
Autonoma del Pais Vasco ( Spain ) for a preliminary ruling in             administrative provisions needed to comply with Council
the proceedings pending before that court between Teresa                  Directive 92/44/EEC of 5 June 1992 on the application of
Zabala Erasun and Instituto Nacional de Empleo, Elvira                    open network provision to leased lines ( 2 ) or, alternatively,
Encabo Terrazos and Instituto Nacional de Empleo, and                     by failing to inform the Commission forthwith of such
Francisco Casquero Carrillo and Instituto Nacional de                     measures, the Grand Duchy of Luxembourg has failed to
Empleo on the interpretation of Articles 4(1 ) ( g ), 4 ( 2 ), 5          fulfil its obligations under the third paragraph of Article 1 89
and 97 of Council Regulation ( EEC ) No 1408/71 of 14 June                of the EC Treaty and under Article 15 of that Directive —
1971 on the application of social security schemes to                     the Court ( Fifth Chamber ), composed of: C. Gulmann,
employed persons, to self-employed persons and to                         President of the Chamber, P. Jann, J. C. Moitinho de
members of their families moving within the Community, as                 Almeida , D. A. O. Edward ( Rapporteur ) and L. Sevon,
codified by Council Regulation ( EEC ) No 2001 /83 of 2 June              Judges; M. B. Elmer, Advocate-General; L. Hewlett,
1983 ( 2 ) — the Court ( Fourth Chamber ), composed of:                   Administrator, for the Registrar, has given a judgment on
P. J. G. Kapteyn, President of the Chamber, C. N. Kakouris                 15 June 1995 ; in which it: