CJEU Case C-70/18/ Judgment Staatssecretaris van Justitie en Veiligheid v A, B, P

Key facts

  1. This request for a preliminary ruling concerns the interpretation of Article 7 of Decision No 2/76 of 20 December 1976 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 (OJ 1973 C 113, p. 1; ‘the Association Agreement’), and of Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association.
  2. This request has been made in the context of two disputes between, first, the Staatssecretaris van Justitie en Veiligheid (State Secretary for Justice and Security, Netherlands; ‘the Staatssecretaris’) and A, and, second, the Staatssecretaris and B and P, concerning the obligation to cooperate with the collection of biometric data from A and B for the purpose of obtaining a temporary residence permit in the Netherlands.

Judgement

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.

Paragraphs referring to EU Charter: 

31, 53-55