Judgment of the Court (Third Chamber) of 25 September 2008 (reference for a preliminary ruling from the Verwaltungsgericht Gießen — Germany) — Hakan Er v Wetteraukreis

(Case C-453/07) (1)

(EEC-Turkey Association Agreement - Decision No 1/80 of the Association Council - Article 7, first paragraph, second indent - Right of residence of the adult child of a Turkish worker - Absence of paid employment - Conditions governing the loss of acquired rights)

(2008/C 301/22)

Language of the case: German

Referring court

Verwaltungsgericht Gießen

Parties to the main proceedings

Applicant: Hakan Er

Defendant: Wetteraukreis

Re:

Reference for a preliminary ruling — Verwaltungsgericht Gießen — Interpretation of the second indent of the first paragraph of Article 7 of Decision No 1/80 of the Association Council of 19 September 1980 on the Development of the Association and of Article 59 of the Additional Protocol on the transitional phase laid down under the Agreement establishing an Association between the European Economic Community and Turkey, signed on 23 November 1970 and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972 (JO 1972 L 293, p. 1) — Right of residence of a Turkish national who entered the territory of a Member State as a minor for the purpose of family reunification — Loss of the right of residence — No lawful pursuit of an economic activity after the party in question attained majority

Operative part of the judgment

A Turkish national, who was authorised to enter the territory of a Member State as a child in the context of a family reunion, and who has acquired the right to take up freely any paid employment of his choice under the second indent of the first paragraph of Article 7 of Decision No 1/80 of 19 September 1980 on the Development of the Association, adopted by the Association Council established by the Association Agreement between the European Economic Community and Turkey, does not lose the right of residence in that State, which is the corollary of that right of free access, even though, at the age of 23, he has not been in paid employment since leaving school at the age of 16 and has taken part in government job-support schemes without, however, completing them.

(1)  OJ C 297, 8.12.2007.