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15.11.2021 |
EN |
Official Journal of the European Union |
C 462/22 |
Judgment of the Court (First Chamber) of 2 September 2021 (request for a preliminary ruling from the Østre Landsret — Denmark) — B v Udlændingenævnet
(Case C-379/20) (1)
(Reference for a preliminary ruling - EEC-Turkey Association Agreement - Decision No 1/80 - Article 13 - Standstill clause - New restriction - Family reunification of minor children of Turkish workers - Age condition - Requirement of compelling reasons in order to be granted family reunification - Overriding reason in the public interest - Successful integration - Proportionality)
(2021/C 462/23)
Language of the case: Danish
Referring court
Østre Landsret
Parties to the main proceedings
Applicant: B
Defendant: Udlændingenævnet
Operative part of the judgment
Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association between the European Economic Community and Turkey must be interpreted as meaning that a national measure lowering from 18 to 15 years the age below which the child of a Turkish worker residing legally in the territory of the host Member State may submit an application for family reunification constitutes a ‘new restriction’ within the meaning of that provision. Such a restriction may, however, be justified by the objective of ensuring the successful integration of the third-country nationals concerned, on condition that the detailed rules for its implementation do not go beyond what is necessary to attain the objective pursued.