CJEU Case C-225/12 / Opinion

C. Demir v Staatssecretaris van Justitie
Deciding body type
Court of Justice of the European Union
Deciding body
Advocate General
Type
Opinion
Decision date
11/07/2013
ECLI (European case law identifier)
ECLI:EU:C:2013:475

Whereas this opinon does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter

  • CJEU Case C-225/12 / Opinion

    Key facts of the case:

    Reference for a preliminary ruling: Raad van State - Netherlands.

    Reference for a preliminary ruling - EEC-Turkey Association Agreement - Article 13 of Decision No 1/80 of the Association Council - ‘Standstill’ clauses - ‘Legally resident’.

    Outcome of the case:

    In light of the foregoing considerations, I propose that the Court answer the questions raised by the Raad van State (Netherlands) as follows:

    (1) Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association applies to substantive and/or formal conditions under national law governing first admission, such as the condition in the case before the referring court, relating to possession of a temporary residence permit.

    (2) In circumstances such as those of the case before the referring court, the criterion of legal residence in Article 13 of Decision No 1/80 is not relevant for determining whether or not a Turkish national may rely on that provision.

  • Relevance of Charter

    Whereas this opinon does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter