CELEX: 62019CN0905
Language: en
Date: 2019-12-11 00:00:00
Title: Case C-905/19: Request for a preliminary ruling from the Verwaltungsgericht Darmstadt (Germany) lodged on 11 December 2019 — EP v Kreis Groß-Gerau

9.3.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 77/28
            
         
      Request for a preliminary ruling from the Verwaltungsgericht Darmstadt (Germany) lodged on 11 December 2019 — EP v Kreis Groß-Gerau
      (Case C-905/19)
      (2020/C 77/39)
      Language of the case: German
      
         Referring court
      
      Verwaltungsgericht Darmstadt
      
         Parties to the main proceedings
      
      
         Applicant: EP
      
         Defendant: Kreis Groß-Gerau
      
         Questions referred
      
      Can it be inferred from the prohibition of discrimination in Article 64 of the Euro-Mediterranean Agreement with Tunisia (1) that a curtailment of the period of validity of a residence permit because the conditions for the grant of that residence permit are no longer satisfied is prohibited if
      
                  —
               
               
                  the Tunisian national was in employment at the time when the retroactive curtailment of the period of validity of the residence permit was notified,
               
            
                  —
               
               
                  the decision to curtail the period of validity is not based on grounds relating to the protection of a legitimate national interest, such as public policy, public security or public health, and
               
            
                  —
               
               
                  the Tunisian national did not possess authorisation to take up employment (work permit) that was independent of the residence permit, but was entitled by law to take up employment during the period of validity of the residence permit?
               
            Does the legal status of a foreign national arising from the prohibition of discrimination in Article 64 of the Euro-Mediterranean Agreement with Tunisia require, in addition to the residence permit, the grant of an administrative authorisation to take up employment?
      What is the relevant point in time for the assessment of legal status under the law on residence and work permits? Is the relevant point in time the date of adoption of the administrative decision withdrawing the right of residence or the date of the judicial decision?
      
         (1)  Euro-Mediterranean Agreement of 17 July 1995 establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (OJ 1998 L 97, p. 1).