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DOI: 10.5553/EELC/187791072020005002047

European Employment Law CasesAccess_open

Pending Cases

Case C-194/20, Work and Residence Permit

BY and others – v – City of Duisburg, reference lodged by the Verwaltungsgericht Düsseldorf (Germany) on 7 May 2020

Keywords Work and Residence Permit
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, "Case C-194/20, Work and Residence Permit", European Employment Law Cases, 2, (2020):144-145

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      The following questions are referred to the Court of Justice of the European Union for a preliminary ruling pursuant to Article 267 TFEU:

      1. Does the entitlement of Turkish children under the first sentence of Article 9 of Decision No 1/80 of the EEC-Turkey Association Council (‘Decision No 1/80’) also include a right of residence in the host Member State without the need to fulfil further conditions?

      2. If Question 1 is answered in the affirmative:

        1. Does an entitlement to residence under the first sentence of Article 9 of Decision No 1/80 require that the parents of the Turkish children benefiting from that provision have already acquired rights under Article 6(1) or Article 7 of Decision No 1/80?

        2. If Question 2(1) is answered in the negative: Is legal employment within the meaning of the first sentence of Article 9 of Decision No 1/80 to be interpreted in the same way as in Article 6(1) of Decision No 1/80?

        3. If Question 2(1) is answered in the negative: Can an entitlement to residence in respect of Turkish children under the first sentence of Article 9 of Decision No 1/80 already arise after one of the parents has been in legal employment in the host Member State for a period of (only) three months?

        4. If Question 2(1) is answered in the negative: Does the right of residence of Turkish children also entail, without the need to fulfil further conditions, a right of residence for one or both parents with custody?


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