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Case C-187/10: Judgment of the Court (Second Chamber) of 29 September 2011 (reference for a preliminary ruling from the Raad van State — Netherlands) — Baris Unal v Staatssecretaris van Justitie (EEC-Turkey Association Agreement — Decision No 1/80 of the Association Council — Article 6(1), first indent — Turkish national — Residence permit — Family reunification — Separation of the partners — Withdrawal of the residence permit — Retroactive effect)
ECLI:EU:UNKNOWN:62010CA0187
62010CA0187
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19.11.2011
Official Journal of the European Union
C 340/3
(Case C-187/10) (<span class="super">1</span>)
(EEC-Turkey Association Agreement - Decision No 1/80 of the Association Council - Article 6(1), first indent - Turkish national - Residence permit - Family reunification - Separation of the partners - Withdrawal of the residence permit - Retroactive effect)
2011/C 340/05
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Baris Unal
Defendant: Staatssecretaris van Justitie
Re:
Reference for a preliminary ruling — Raad van State — Interpretation of the first indent of Article 6(1) of Decision No 1/80 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 — Right of residence of Turkish nationals — Residence permit granted to a Turkish national to allow him to live with his partner — Separation of the partners not notified to the competent authorities — Withdrawal of the residence permit
Operative part of the judgment
The first indent of Article 6(1) of Decision No 1/80 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, must be interpreted as precluding the competent national authorities from withdrawing the residence permit of a Turkish worker with retroactive effect from the point in time at which there was no longer compliance with the ground on the basis of which his residence permit had been issued under national law if there is no question of fraudulent conduct on the part of that worker and that withdrawal occurs after the expiry of the one-year period of legal employment provided for in the first indent of Article 6(1) of Decision No 1/80.
(<span class="super">1</span>) OJ C 195, 17.7.2010.