Official Journal of the European Union

C 32/2

(Case C-371/08)(1)

(EEC-Turkey Association Agreement - Freedom of movement for workers - Second indent of first paragraph of Article 7 and Article 14(1) of Decision No 1/80 of the Association Council - Directives 64/221/EEC, 2003/109/EC and 2004/38/EC - Right of residence of a Turkish national born in the territory of a Member State and having resided there for more than 10 years without interruption as the child of a Turkish worker - Convictions for criminal offences - Lawfulness of an expulsion decision - Conditions)

2012/C 32/03

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Nural Ziebell, formerly Nural Örnek

Defendant: Land Baden-Württemberg

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof Baden-Württemberg — Interpretation of Article 14(1) of Decision No 1/80 of 19 September 1980 of the Association Council on the Development of the Association between the European Economic Community and Turkey — Extension to Turkish nationals of the scope of application of Article 28(3)(a) of 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), authorising expulsion of Union citizens only on imperative grounds of public security — Expulsion decision taken as a result of numerous criminal convictions of a Turkish national who was born in Germany and has resided there for 34 years

Operative part of the judgment

Article 14(1) of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association, adopted by the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963 by the Republic of Turkey, of the one part, and by the Member States of the EEC and the Community, of the other part, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963, must be interpreted as meaning that

protection against expulsion conferred by that provision on Turkish nationals does not have the same scope as that conferred on citizens of the Union under Article 28(3)(a) of 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, with the result that the scheme of protection against expulsion enjoyed by the latter cannot be applied mutatis mutandis to Turkish nationals for the purpose of determining the meaning and scope of Article 14(1) of Decision No 1/80;

that provision of Decision No 1/80 does not preclude an expulsion measure based on grounds of public policy from being taken against a Turkish national whose legal status derives from the second indent of the first paragraph of Article 7 of that decision, in so far as the personal conduct of the individual concerned constitutes at present a genuine and sufficiently serious threat affecting a fundamental interest of the society of the host Member State and that measure is indispensable in order to safeguard that interest. It is for the national court to determine, in the light of all the relevant factors relating to the situation of the Turkish national concerned, whether such a measure is lawfully justified in the main proceedings.

(1) OJ C 285, 8.11.2008.