CELEX: C2005/217/20
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-383/03: Reference for a preliminary ruling from the Verwaltungsgerichtshof in Ergül Dogan v Sicherheitsdirektion für das Bundesland Vorarlberg (EEC-Turkey Association — Free movement of workers — Decision No 1/80 of the Association Council — Article 6(1), third indent, and Article 6(2) — Duly registered as belonging to the labour market of a Member State — Criminal conviction — Prison sentence — Effect on right of residence)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/11
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 7 July 2005
   in Case C-383/03: Reference for a preliminary ruling from the Verwaltungsgerichtshof in Ergül Dogan v Sicherheitsdirektion für das Bundesland Vorarlberg (1)
   
   (EEC-Turkey Association - Free movement of workers - Decision No 1/80 of the Association Council - Article 6(1), third indent, and Article 6(2) - Duly registered as belonging to the labour market of a Member State - Criminal conviction - Prison sentence - Effect on right of residence)
   (2005/C 217/20)
   Language of the case: German
   In Case C-383/03: reference for a preliminary ruling under Article 234 EC from the Verwaltungsgerichtshof (Austria), made by decision of 4 September 2003, received at the Court on 12 September 2003, in the proceedings between Ergül Dogan and Sicherheitsdirektion für das Bundesland Vorarlberg — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, R. Schintgen (Rapporteur) and P. Kūris, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 7 July 2005, in which it ruled:
   A Turkish worker who enjoys the right of free access to any paid employment of his choice under the third indent of Article 6(1) 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, does not forfeit that right because he is not in employment during his imprisonment, even for several years, if his absence from the labour market of the host Member State is only temporary.
   The employment rights conferred by that provision on the person concerned and the concomitant right of residence may be limited only on grounds of public policy, public security and public health pursuant to Article 14(1) of Decision No 1/80, or on account of the fact that the Turkish national concerned has failed to find new paid employment within a reasonable time after his release.
   
      (1)  OJ C 35 of 7.2.2004.