|
13.6.2016 |
EN |
Official Journal of the European Union |
C 211/17 |
Judgment of the Court (Grand Chamber) of 12 April 2016 (request for a preliminary ruling from the Østre Landsret — Denmark) — Caner Genc v Integrationsministeriet
(Case C-561/14) (1)
((Reference for a preliminary ruling - EEC-Turkey Association Agreement - Decision No 1/80 - Article 13 - Standstill clause - Family reunification - National legislation laying down new, more stringent conditions on access to family reunification for family members, who are not economically active, of economically active Turkish nationals who are resident and have a residence permit in the Member State in question - Condition requiring ties sufficient to enable successful integration))
(2016/C 211/20)
Language of the case: Danish
Referring court
Østre Landsret
Parties to the main proceedings
Applicant: Caner Genc
Defendant: Integrationsministeriet
Operative part of the judgment
A national measure such as that at issue in the main proceedings, making family reunification between a Turkish worker residing lawfully in the Member State concerned and his minor child subject to the condition that the latter have, or have the possibility of establishing, sufficient ties with Denmark to enable him successfully to integrate, when the child concerned and his other parent reside in the State of origin or in another State, and the application for family reunification is made more than two years from the date on which the parent residing in the Member State concerned obtained a permanent residence permit or a residence permit with a possibility of permanent residence constitutes a ‘new restriction’, within the meaning of Article 13 of Decision 1/80 of the Association Council of 19 September 1980 on the development of the Association set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 by the Republic of Turkey, on the one hand, and by the Member States of the EEC and the Community, on the other, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963.
Such a restriction is not justified.