CELEX: 62020CA0379
Language: en
Date: 2021-09-02 00:00:00
Title: Case C-379/20: Judgment of the Court (First Chamber) of 2 September 2021 (request for a preliminary ruling from the Østre Landsret — Denmark) — B v Udlændingenævnet (Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 1/80 — Article 13 — Standstill clause — New restriction — Family reunification of minor children of Turkish workers — Age condition — Requirement of compelling reasons in order to be granted family reunification — Overriding reason in the public interest — Successful integration — Proportionality)

15.11.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 462/22
            
         
      Judgment of the Court (First Chamber) of 2 September 2021 (request for a preliminary ruling from the Østre Landsret — Denmark) — B v Udlændingenævnet
      (Case C-379/20) (1)
      
      (Reference for a preliminary ruling - EEC-Turkey Association Agreement - Decision No 1/80 - Article 13 - Standstill clause - New restriction - Family reunification of minor children of Turkish workers - Age condition - Requirement of compelling reasons in order to be granted family reunification - Overriding reason in the public interest - Successful integration - Proportionality)
      (2021/C 462/23)
      Language of the case: Danish
      
         Referring court
      
      Østre Landsret
      
         Parties to the main proceedings
      
      
         Applicant: B
      
         Defendant: Udlændingenævnet
      
         Operative part of the judgment
      
      Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association between the European Economic Community and Turkey must be interpreted as meaning that a national measure lowering from 18 to 15 years the age below which the child of a Turkish worker residing legally in the territory of the host Member State may submit an application for family reunification constitutes a ‘new restriction’ within the meaning of that provision. Such a restriction may, however, be justified by the objective of ensuring the successful integration of the third-country nationals concerned, on condition that the detailed rules for its implementation do not go beyond what is necessary to attain the objective pursued.
      
         (1)  OJ C 348, 19.10.2020.