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Case C-436/09: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 9 November 2009 — Attila Belkiran v Lord Mayor of Krefeld — Other party to the proceedings: The representative for federal interests at the Bundesverwaltungsgericht
ECLI:EU:UNKNOWN:62009CN0436
62009CN0436
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30.1.2010
Official Journal of the European Union
C 24/26
Reference for a preliminary ruling from the Bundes verwaltungsgericht (Germany) lodged on 9 November 2009 — Attila Belkiran v Lord Mayor of Krefeld — Other party to the proceedings: The representative for federal interests at the Bundesverwaltungsgericht
(Case C-436/09)
2010/C 24/47
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Attila Belkiran
Defendant: Lord Mayor of Krefeld
Question referred
Is the protection against expulsion provided for in Article 14(1) of Decision No 1/80 (of the EEC-Turkey Association Council) and enjoyed by a Turkish national, whose legal status derives from Article 7 of Decision No 1/80 and who has resided for the previous ten years in the Member State in respect of which this legal status applies, to be determined in accordance with Article 28(3)(a) of Directive 2004/38/EC, with the result that expulsion is permitted only on imperative grounds of public security, as defined by Member States?
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77)