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Case C-294/06: Judgment of the Court (Third Chamber) of 24 January 2008 (reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division) (United Kingdom)) — The Queen, on the application of Ezgi Payir, Burhan Akyuz, Birol Ozturk v Secretary of State for the Home Department (EEC-Turkey Association Agreement — Freedom of movement for workers — Decision No 1/80 of the Association Council — First indent of Article 6(1) — Worker duly registered as belonging to the labour force — Leave to enter as a student or as an au pair — Effect on the right to remain)
ECLI:EU:UNKNOWN:62006CA0294
62006CA0294
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Official Journal of the European Union
C 64/10
(Case C-294/06)
(EEC-Turkey Association Agreement - Freedom of movement for workers - Decision No 1/80 of the Association Council - First indent of Article 6(1) - Worker duly registered as belonging to the labour force - Leave to enter as a student or as an au pair - Effect on the right to remain)
(2008/C 64/13)
Language of the case: English
Referring court
Parties to the main proceedings
Applicants: The Queen, on the application of Ezgi Payir, Burhan Akyuz, Birol Ozturk
Defendant: Secretary of State for the Home Department
Re:
Reference for a preliminary ruling — Court of Appeal — Interpretation of Article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council — Concept of a worker duly registered as belonging to the labour force of a Member State — Turkish national employed as an au pair after obtaining leave to remain for two years in order to pursue that activity — Turkish nationals holding leave to remain to follow a course of study and holding permission to work for a maximum of 20 hours per week during term time
Operative part of the judgment
The fact that a Turkish national was granted leave to enter the territory of a Member State as an au pair or as a student cannot deprive him of the status of ‘worker’ and prevent him from being regarded as ‘duly registered as belonging to the labour force’ of that Member State within the meaning of Article 6(1) of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association. Accordingly, that fact cannot prevent that national from being able to rely on that provision for the purposes of obtaining renewed permission to work and a corollary right of residence.
(1) OJ C 237, 30.9.2006.