29.9.2012
EN
Official Journal of the European Union
C 295/16
Judgment of the Court (Second Chamber) of 19 July 2012 (reference for a preliminary ruling from the Verwaltungsgericht Giessen — Germany) — Natthaya Dülger v Wetteraukreis
(Case C-451/11) (1)
(EEC-Turkey Association Agreement - Association Council Decision No 1/80 - Article 7, first paragraph - Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State - Thai national who was married to a Turkish worker and lived with him for more than three years)
2012/C 295/26
Language of the case: German
Referring court
Verwaltungsgericht Giessen
Parties to the main proceedings
Applicant: Natthaya Dülger
Defendant: Wetteraukreis
Re:
Reference for a preliminary ruling — Verwaltungsgericht Giessen — Interpretation of the first indent of the first paragraph of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association, adopted by the Association Council established by the Association Agreement between the European Economic Community and Turkey — Right of residence of members of a family of a Turkish worker duly registered as belonging to the labour force of a Member State — Thai national who cohabited with her Turkish husband for more than three years and until her divorce
Operative part of the judgment
The first paragraph of Article 7 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, which was signed at Ankara on 12 September 1963 by the Republic of Turkey and by the Member States of the EEC and the Community, 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 member of the family of a Turkish worker, who is a national of a third country other than Turkey, may invoke, in the host Member State, the rights arising from that provision, where all the other conditions laid down by the provision have been fulfilled.
(1) OJ C 347, 26.11.2011.
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