Case C-275/02

Engin Ayaz

v

Land Baden-Württemberg

(Reference for a preliminary ruling from the Verwaltungsgericht Stuttgart)

(EEC-Turkey Association – Freedom of movement for workers – First paragraph of Article 7 of Decision No 1/80 of the Association Council – Personal scope – Concept of ‘member of the family’ of a Turkish worker duly registered as belonging to the labour force of a Member State – Stepson of such a worker)

Summary of the Judgment

International agreements – EEC-Turkey Association Agreement – Association Council established by the EEC-Turkey Association Agreement – Decision on the freedom of movement of workers – Family unity – Members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State – Concept – Stepson under 21 years of age or dependant – Covered

(Decision No 1/80 of the EEC-Turkey Association Council, Art. 7, first para.)

The first paragraph of Article 7 of Decision No 1/80 of the EEC-Turkey Association Council is to be interpreted as meaning that a stepson who is under the age of 21 years or is a dependant of a Turkish worker duly registered as belonging to the labour force of a Member State is a member of the family of that worker, for the purposes of that provision, and enjoys the rights conferred on him by that decision, provided that he has been duly authorised to join that worker in the host Member State.

(see para. 48, operative part)

JUDGMENT OF THE COURT (Second Chamber) 30 September 2004 (1)

(EEC-Turkey Association – Freedom of movement for workers – First paragraph of Article 7 of Decision No 1/80 of the Association Council – Personal scope – Concept of ‘member of the family’ of a Turkish worker duly registered as belonging to the labour force of a Member State – Stepson of such a worker)

In Case C-275/02,REFERENCE for a preliminary ruling under Article 234 ECfrom the Verwaltungsgericht Stuttgart (Germany), made by decision of 11 July 2002, received at the Court on 26 July 2002, in the proceedings

v

THE COURT (Second Chamber),,

composed of C.W.A. Timmermans, President of the Chamber, C. Gulmann, J.N. Cunha Rodrigues, R. Schintgen (Rapporteur) and F. Macken, Judges,

Advocate General: L.A. Geelhoed,

having regard to the written procedure,after considering the observations submitted on behalf of:

after hearing the Opinion of the Advocate General at the sitting on 25 May 2004,

gives the following

‘The Contracting Parties agree to be guided by Articles 48, 49 and 50 of the Treaty establishing the Community for the purpose of progressively securing freedom of movement for workers between them.’

‘In order to attain the objectives of this Agreement the Council of Association shall have the power to take decisions in the cases provided for therein. Each of the Parties shall take the measures necessary to implement the decisions taken. ...’

‘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:

‘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:

‘The provisions of this section shall be applied subject to limitations justified on grounds of public policy, public security or public health.’

‘The following shall, irrespective of their nationality, have the right to install themselves with a worker who is a national of one Member State and who is employed in the territory of another Member State:

‘Is a stepson aged under 21 years of a Turkish worker who is duly registered as belonging to the labour force of a Member State a member of the family within the meaning of the first paragraph of Article 7 of Decision No 1/80 …?’

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

Signatures.