Reference for a preliminary ruling from the Raad van State (Netherlands), lodged on 30 July 2009 — Staatssecretaris van Justitie; other party: F. Toprak

(Case C-300/09)

2009/C 267/60

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Appellant: Staatssecretaris van Justitie

Other party: F. Toprak

Question referred

Must Article 13 of Decision No 1/80 [of 19 September 1980 on the development of the Association, taken by the Association Council set up under the Agreement establishing an Association between the European Economic Community and Turkey] be interpreted as meaning that a new restriction, within the terms of that provision, includes a tightening in respect of a provision which entered into force after 1 December 1980, and which constituted a relaxation of the provision which had been in force on 1 December 1980, if that tightening does not amount to a deterioration vis-à-vis the provision which was in force on 1 December 1980?