Judgment of the Court (First Chamber) of 18 July 2007 (reference for a preliminary ruling from the Verwaltungsgericht Darmstadt — Germany) — Ismail Derin v Landkreis Darmstadt-Dieburg

(Case C-325/05) (1)

(EEC-Turkey Association - Article 59 of the Additional Protocol - Articles 6, 7 and 14 of Decision No 1/80 of the Association Council - Right of free access to employment under the second indent of the first paragraph of Article 7 - Corollary right of residence - Turkish national over the age of 21 years who is no longer dependent on his parents - Criminal convictions - Conditions governing the loss of acquired rights - Compatibility with the rule that the Republic of Turkey is not to receive more favourable treatment than that applicable between Member States)

(2007/C 235/07)

Language of the case: German

Referring court

Verwaltungsgericht Darmstadt

Parties to the main proceedings

Applicant: Ismail Derin

Defendant: Landkreis Darmstadt-Dieburg

Re:

Reference for a preliminary ruling — Verwaltungsgericht Darmstadt — Interpretation of the second indent of the first paragraph of Article 7 of Decision No 1/80 of the EEC-Turkey Association Council and of Article 59 of the Additional Protocol relating to the transitional stage provided for in the Agreement establishing an Association between the European Economic Community and Turkey signed on 23 November 1970 (OJ 1973 C 113, p. 17) — No loss of right of free access to any paid employment and of the resulting right of residence for a Turkish national who entered the national territory in order to join his family, in circumstances where he is now over 21 years of age and no longer maintained by his parents — More favourable treatment than that given to nationals of the Member States

Operative part of the judgment

A Turkish national, who was authorised while he was a child to enter the territory of a Member State in order to join his family and who has acquired the right of free access to any paid employment of his choice under the second indent of 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 Association Agreement between the European Economic Community and Turkey, loses the right of residence in the host Member State which is a corollary of that right of free access only in two situations, that is:

even though he is over 21 years of age, is no longer dependent on his parents, but lives independently in the Member State concerned, and was not available to join the labour force for several years because he was during that period serving an unsuspended sentence of imprisonment. Such an interpretation is not inconsistent with the requirements of Article 59 of the Additional Protocol signed at Brussels on 23 November 1970 and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972.

(1)  OJ C 281, 12.11.2005.