Judgment of the Court (First Chamber) of 21 December 2016 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Sidika Ucar (C-508/15), Recep Kilic (C-509/15) v Land Berlin

(Joined Cases C-508/15 and C-509/15) (1)

((References for a preliminary ruling - EEC-Turkey Association Agreement - Decision No 1/80 - Article 7, first paragraph - Right of residence of family members of a Turkish worker duly registered as belonging to the labour force of a Member State - Conditions - No need for the Turkish worker to be duly registered as belonging to the labour force of a Member State for the first three years of the residence of a family member))

(2017/C 053/18)

Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Applicants: Sidika Ucar (C-508/15), Recep Kilic (C-509/15)

Defendant: Land Berlin

Operative part of the judgment

Article 7, first paragraph, first indent, of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association must be interpreted as meaning that that provision confers a right of residence in the host Member State on a family member of a Turkish worker, who has been authorised to enter that Member State, for the purposes of family reunification, and who, from his entry into the territory of that Member State, has lived with that Turkish worker, even if the period of at least three years during which the latter is duly registered as belonging to the labour force does not immediately follow the arrival of the family member concerned in the host Member State, but is subsequent to it.

(1)  OJ C 16, 18.1.2016.