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Case C-194/20: Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 May 2020 — BY, CX, FU, DW, EV v Stadt Duisburg
ECLI:EU:UNKNOWN:62020CN0194
62020CN0194
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Valentina R., lawyer
10.8.2020
EN
Official Journal of the European Union
C 262/14
(Case C-194/20)
(2020/C 262/17)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: BY, CX, FU, DW, EV
Defendant: Stadt Duisburg
Questions referred
1.Does the entitlement of Turkish children under the first sentence of Article 9 of Decision No 1/80 (1) also include a right of residence in the host Member State without the need to fulfil further conditions?
2.If Question 1 is answered in the affirmative:
(a)Does an entitlement to residence under the first sentence of Article 9 of Decision No 1/80 require that the parents of the Turkish children benefiting from that provision have already acquired rights under Article 6(1) or Article 7 of Decision No 1/80?
(b)If Question 2(a) is answered in the negative: Is legal employment within the meaning of the first sentence of Article 9 of Decision No 1/80 to be interpreted in the same way as in Article 6(1) of Decision No 1/80?
(c)If Question 2(a) is answered in the negative: Can an entitlement to residence in respect of Turkish children under the first sentence of Article 9 of Decision No 1/80 already arise after one of the parents has been in legal employment in the host Member State for a period of (only) three months?
(d)If Question 2(a) is answered in the negative: Does the right of residence of Turkish children also entail, without the need to fulfil further conditions, a right of residence for one or both parents with custody?
Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association.