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CJEU - C-187/10 / Judgment

Baris Ünal v Staatssecretaris van Justitie

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
European Court of Justice (Second Chamber)
Type:
Decision
Decision date:
21/07/2011
Key facts of the case: A Turkish national was first granted a residence permit on grounds of private partnership; this permit was linked with a permit to work, but conditional on the maintenance of this partnership. After several years, the Dutch authorities got the impression that the partnership had ended and not only refused to renew the residence (and, thus, also working) permit, but withdrew it with retroactive effect to the point in time they considered as the end of the partnership. The administrative court of second instance decided to refer to ECJ. Results (sanctions) and key consequences of the case: The first 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, must be interpreted as precluding the competent national authorities from withdrawing the residence permit of a Turkish worker with retroactive effect from the point in time at which there was no longer compliance with the ground on the basis of which his residence permit had been issued under national law if there is no question of fraudulent conduct on the part of that worker and that withdrawal occurs after the expiry of the one-year period of legal employment provided for in the first indent of Article 6(1) of Decision No 1/80. EU Charter of Fundamental Rights - Articles: 22 and 47