BY and Others v Stadt Duisburg.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:2021:436
• Date: 03 June 2021
• Docket Number: C-194/20
• Celex Number: 62020CJ0194
• Court: Court of Justice (European Union)

Provisional text

JUDGMENT OF THE COURT (Sixth Chamber)

3 June 2021 (*)

(Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Articles 6 and 7 – Legal employment – Article 9 – Access to education for children of a Turkish worker – Right of residence – Refusal)

In Case C‑194/20,

REQUEST for a preliminary ruling under Article 267 TFEU from the Verwaltungsgericht Düsseldorf (Administrative Court, Düsseldorf, Germany), made by decision of 7 May 2020, received at the Court on 8 May 2020, in the proceedings

BY,

CX,

FU,

DW,

EV

v

Stadt Duisburg,

THE COURT (Sixth Chamber),

composed of L. Bay Larsen, President of the Chamber, R. Silva de Lapuerta (Rapporteur), Vice-President of the Court, and C. Toader, Judge,

Advocate General: G. Pitruzzella,

Registrar: A. Calot Escobar,

having regard to the written procedure,

after considering the observations submitted on behalf of:

– the Danish Government, by J. Nymann-Lindegren, M. Jespersen and M. Wolff, acting as Agents,

– the Netherlands Government, by M.K. Bulterman and M.A.M. de Ree, acting as Agents,

– the Polish Government, by B. Majczyna, acting as Agent,

– the European Commission, by B.‑R. Killmann and D. Martin, acting as Agents,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of the first sentence of Article 9 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association between the European Economic Community and Turkey, read in conjunction with Articles 6 and 7 of that decision. The Association Council was 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, 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 (JO 1964, 217, p. 3685; ‘the Association Agreement’).

2 The request has been made in proceedings between BY, CX, FU, DW and EV, who are Turkish nationals, and the Stadt Duisburg (City of Duisburg, Germany) concerning the latter’s rejection of their application for a residence permit.

Legal context

EU law

3 According to the third recital of Decision No 1/80:

‘Whereas, in the social field, and within the framework of the international commitments of each of the Parties, the above considerations make it necessary to improve the treatment accorded workers and members of their families in relation to the arrangements introduced by Decision No 2/76 of the Association Council [of 20 December 1976 on the implementation of Article 12 of the Association Agreement]; whereas, furthermore, the provisions relating to social security should be implemented as should those relating to the exchange of young workers’.

4 Articles 6, 7 and 9 of Decision No 1/80 are in Section 1, entitled ‘Questions relating to employment and the free movement of workers’, of Chapter II of that decision, concerning ‘social provisions’.

5 Article 6(1) of Decision No 1/80 provides:

‘Subject to Article 7 on free access to employment for members of his family, a Turkish worker duly registered as belonging to the labour force of a Member State:

– shall be entitled in that Member State, after one year’s legal employment, to the renewal of his permit to work for the same employer, if a job is available;

– shall be entitled in that Member State, after three years of legal employment and subject to the priority to be given to workers of Member States of the Community, to respond to another offer of employment, with an employer of his choice, made under normal conditions and registered with the employment services of that State, for the same occupation;

– shall enjoy free access in that Member State to any paid employment of his choice, after four years of legal employment.’

6 The first paragraph of Article 7 of that decision provides:

‘The members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State, who have been authorised to join him:

– shall be entitled – subject to the priority to be given to...