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CJEU Case C-70/18 / Judgment

Staatssecretaris van Justitie en Veiligheid v A, B, P

Policy area:
External relations
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (First Chamber)
Type:
Decision
Decision date:
03/10/2019

Key facts

Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 2/76 — Article 7 — Decision No 1/80 — Article 13 — ‘Standstill’ clauses — New restriction — Collection, registration and retention of biometric data of Turkish nationals in a central filing system — Overriding reasons of public interest — Objective of preventing and combating identity and document fraud — Articles 7 and 8 of the Charter of Fundamental Rights of the European Union — Right to respect for private life — Right to the protection of personal data — Proportionality.

Outcome of the case:

On those grounds, the Court (First Chamber) hereby rules:

Article 13 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, signed in Ankara on 12 September 1963 by the Republic of Turkey, on the one hand, and by the Member States of the European Economic Community (EEC) and the Community, on the other, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 must be interpreted as meaning that a national rule, such as that at issue in the main proceedings, which makes the issuance of a temporary residence permit to third-country nationals, including Turkish nationals, conditional upon the collection, recording and retention of their biometric data in a central filing system does constitute a ‘new restriction’ within the meaning of that provision. Such a restriction is, however, justified by the objective of preventing and combating identity and document fraud.