CJEU Case C-225/12 / Judgment

C. Demir v Staatssecretaris van Justitie
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Second Chamber)
Type
Decision
Decision date
07/11/2013
ECLI (European case law identifier)
ECLI:EU:C:2013:725

Whereas this judgement 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 / Judgment

    Key facts of the case:

    Request for a preliminary ruling from the 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:

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

    1. Article 13 of Decision No 1/80 of the Association Council 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 at Ankara on 12 September 1963 by the Republic of Turkey, of the one part, and by the Member States of the EEC and the Community, of the other part, 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 where a measure taken by a host Member State seeks to define the criteria for the lawfulness of the Turkish nationals’ situation, by adopting or amending the substantive and/or procedural conditions relating to entry, residence and, where applicable, employment, of those nationals in its territory, and where those conditions constitute a new restriction of the exercise of the freedom of movement of Turkish workers, within the meaning of the ‘standstill’ clause set out in Article 13, the mere fact that the purpose of the measure is to prevent, before an application for a residence permit is made, unlawful entry and residence, does not preclude the application of that clause.
    2. Article 13 of Decision No 1/80, must be interpreted as meaning that holding a temporary residence permit, which is valid only pending a final decision on the right of residence, does not fall within the meaning of ‘legally resident’.
  • Relevance of Charter

    Whereas this judgement 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.