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Document 62020CN0194

    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

    OJ C 262, 10.8.2020, p. 14–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    08/05/2020
    Date lodged:
    08/05/2020
    Author:
    Court of Justice
    Form:
    Judicial information
    Authentic language:
    German
    Type of procedure:
    Reference for a preliminary ruling

    10.8.2020   

    EN

    Official Journal of the European Union

    C 262/14

    Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 May 2020 — BY, CX, FU, DW, EV v Stadt Duisburg

    (Case C-194/20)

    (2020/C 262/17)

    Language of the case: German

    Referring court

    Verwaltungsgericht Düsseldorf

    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?

    (1)  Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association.

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