CELEX: C2000/247/18
Language: en
Date: 2000-08-26 00:00:00
Title: Case C-188/00: Reference for a preliminary ruling from the Verwaltungsgericht Karlsruhe by order of that court of 22 March 2000 in the case of Bülen Kurz né Yüce v Land Baden-Württemberg

26.8.2000              EN                      Official Journal of the European Communities                                       C 247/15
however, authorise Finland to derogate from the provisions of                  training’issued by the Consulate General and who sub-
the said directives beyond what is specified in those points of                sequently held a temporary residence authorisation
the annex in question.                                                         restricted to vocational training activity with a specific
                                                                               employer fulfil the requirements of the second or third
Finland amended its legislation on excise duties by enacting                   indent of Article 6(1) of Decision No 1/80 of the EEC-
the new Valmisteverotuslaki (Law on excise duties,                             Turkey Association Council on the development of the
1469/29.12.1994), which was intended to transpose Council                      Association if, from 1 October 1992 to 5 May 1997, he
Directive 94/74/EEC (3) into national legislation. Fuel duty was               was in the training relationship in question and received
amended by the Laki nestemäisten polttoaineiden valmiste-                      for that a monthly training remuneration?
verosta (Law on excise duty on liquid fuels, 1472/29.12.1994).
That law partly transposed Directives 92/81/EEC and                       2.   Does a Turkish national who is the child by birth of
92/82/EEC into national legislation. Neither in this connection                former Turkish workers in the host country fulfil the
nor subsequently was the use in motor vehicles of light fuel                   requirements of the second paragraph of Article 7 of
oil, intended for heating expressly prohibited. With respect to                Decision No 1/80 of the EEC-Turkey Association Council
that light fuel oil, no provisions or rules on fiscal control are              on the development of the Association if he was adopted
laid down either in legislation or administrative regulations.                 as an adult by German nationals with the effects of
Nor are there any provisions or rules on fiscal control with                   adoption of a minor and his kinship to his natural parents
respect to the distribution of light fuel oil intended for heating.            has thereby ceased to exist? It is sufficient in that respect
There is no control at all with respect to the distribution of                 that he was the child of Turkish workers at the time of
light fuel oil intended for heating, and the minor checks done                 his parents’ legal employment and at the start of his
alongside police road traffic control may not be regarded as                   vocational training?
comprehensive fiscal control with respect to use.
                                                                          3.   Does a Turkish national fulfil the requirements of the
                                                                               second paragraph of Article 7 of Decision No 1/80 of the
Light fuel oil is obtainable in Finland, especially in thinly                  EEC-Turkey Association Council on the development of
populated areas, from service stations, which can sell it without              the Association if, eight years after leaving the host
fiscal control to anyone. As in Finland no controls are carried                country together with his parents who at that time were
out at all in such cases and there are no sanctions on the                     leaving definitively, he re-entered the country (without
activity of retailers, Finland cannot disclaim its obligation to               his parents) for the purpose of vocational training?
transpose Directives 92/81/EEC and 92/82/EEC in its national
legislation in all respects. It must also be stressed that Finland        4.   Does a Turkish national fulfil the requirements of the
has not been granted any derogation from the fiscal control                    second paragraph of Article 7 of Decision No 1/80 of the
required in the said directives.                                               EEC-Turkey Association Council on the development of
                                                                               the Association if he did not take the last part of the final
(1) OJ L 316 of 31.10.1992, p. 12.                                             examination in the host country, but in his country of
(2) OJ L 316 of 31.10.1992, p. 19.                                             origin before the host country’s examining board which
(3) OJ L 365 of 31.12.1994, p. 46.                                             had travelled there?
                                                                          5.   Is it compatible with Article 6 or the second paragraph
                                                                               of Article 7 of Decision No 1/80 of the EEC-Turkey
                                                                               Association Council that, in a case where deportation has
                                                                               taken place, residence authorisation must be refused, by
                                                                               virtue of the prohibitive effect of Paragraph 8(2) of the
                                                                               Ausländergesetz (Law on Aliens, AuslG), until a time-
Reference for a preliminary ruling from the Verwaltungs-                       limit has, upon application, been placed on the effects of
gericht Karlsruhe by order of that court of 22 March 2000                      the deportation?
in the case of Bülen Kurz né Yüce v Land Baden-
                          Württemberg
                         (Case C-188/00)
                         (2000/C 247/18)
                                                                          Action brought on 31 May 2000 by the Commission of
Reference has been made to the Court of Justice of the                     the European Communities against the Italian Republic
European Communities by an order of the Verwaltungsgericht
(Administrative Court) Karlsruhe of 22 March 2000, which                                          (Case C-224/00)
was received at the Court Registry on 22 May 2000, for a
preliminary ruling in the case of Bülen Kurz né Yüce v Land
Baden-Württemberg on the following questions:                                                     (2000/C 247/19)
1.    Does a Turkish national who, with the approval of the               An action against the Italian Republic was brought before the
      competent authority for aliens, entered the country                 Court of Justice of the European Communities on 31 May
      with a visa ‘valid only for the purpose of vocational               2000 by the Commission of the European Communities,