19.2.2011

Official Journal of the European Union

C 55/11

(Joined Cases C-300/09 and C-301/09) (<span class="super">1</span>)

(EEC-Turkey Association Agreement - Freedom of movement for workers - Standstill rule in Article 13 of Decision No 1/80 of the Association Council - Prohibition for Member States to introduce new restrictions on access to the labour market)

2011/C 55/18

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Staatssecretaris van Justitie

Defendants: F. Toprak (C-300/09), I. Oguz (C-301/09)

Re:

Reference for a preliminary ruling — Raad van State — Interpretation of 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 — Standstill rule — Scope — Member States prohibited from introducing new restrictions on access to the labour market — Meaning of ‘new restriction’

Operative part of the judgment

In circumstances such as those of the cases in the main proceedings, concerning a national provision on the acquisition of a residence permit by Turkish workers, Article 13 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council established by the Agreement establishing an Association between the European Economic Community and Turkey, must be interpreted as meaning that a tightening of a provision introduced after 1 December 1980, which provided for a relaxation of the provision applicable on 1 December 1980, constitutes a ‘new restriction’ within the meaning of that article, even where that tightening does not make the conditions governing the acquisition of that permit more stringent than those which resulted from the provision in force on 1 December 1980, this being a matter for the national court to determine.

(<span class="super">1</span>) OJ C 267, 7.11.2009.