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Case C-375/23, Meislev: Judgment of the Court (Seventh Chamber) of 4 July 2024 (request for a preliminary ruling from the Højesteret – Denmark) – EN v Udlændingenævnet (Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Article 13 – Standstill clause – Scope – Concept of new restriction – National legislation introducing more restrictive conditions for obtaining a permanent residence permit)
ECLI:EU:UNKNOWN:62023CA0375
62023CA0375
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Official Journal of the European Union
C series
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C/2024/4938
19.8.2024
(Case C-375/23, (1) Meislev (2))
(Reference for a preliminary ruling - EEC-Turkey Association Agreement - Decision No 1/80 - Article 13 - Standstill clause - Scope - Concept of ‘new restriction’ - National legislation introducing more restrictive conditions for obtaining a permanent residence permit)
(C/2024/4938)
Language of the case: Danish
Referring court
Parties to the main proceedings
Applicant: EN
Defendant: Udlændingenævnet
Operative part of the judgment
Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association between the European Economic Community and Turkey must be interpreted as meaning that legislation of a Member State which makes the obtaining of a permanent residence permit, by a Turkish worker legally resident in that Member State and falling within the scope of Article 6(1) of that decision, subject to stricter conditions than those which applied at the time when that decision entered into force in that Member State does not constitute a ‘new restriction’, within the meaning of Article 13 of that decision, since it does not adversely affect the exercise, by Turkish nationals legally residing in that Member State, of their right to freedom of movement in the territory of that Member State.
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ELI: http://data.europa.eu/eli/C/2024/4938/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: Danish.
(1)
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
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