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Case C-303/08: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Deutschland) lodged on 8 July 2008 — Metin Bozkurt v Land Baden-Württemberg
ECLI:EU:UNKNOWN:62008CN0303
62008CN0303
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Valentina R., lawyer
27.9.2008
Official Journal of the European Union
C 247/6
(Case C-303/08)
(2008/C 247/09)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Metin Bozkurt
Defendant: Land Baden-Württemberg
Other party: Der Vertreter des Bundesinteresses beim Bundesverwaltungsgericht
Questions referred
Is the right of residence and employment acquired as a member of the family pursuant to the second indent of the first paragraph of Article 7 of Decision No 1/80 of the EEC-Turkey Association Council by the spouse of a Turkish worker who is duly registered as belonging to the labour force of a Member State retained even after a divorce?
If the reply to the first question is in the affirmative:
Is it an abuse of rights to plead the right of residence derived from his former wife under the second indent of the first paragraph of Article 7 of Decision No 1/80 of the EEC-Turkey Association Council where the Turkish national raped and injured his former wife after acquiring the legal status and the offence was punished with two years' imprisonment?