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20.2.2023 |
EN |
Official Journal of the European Union |
C 63/2 |
Judgment of the Court (Second Chamber) of 22 December 2022 (request for a preliminary ruling from the Østre Landsret — Denmark) — X v Udlændingenævnet
(Case C-279/21) (1)
(Reference for a preliminary ruling – EEC-Turkey - Association Agreement - Article 9 - Decision No 1/80 - Article 10(1) - Article 13 - Standstill clause - Family reunification - National rule introducing new more restrictive conditions in the area of family reunification for spouses of Turkish nationals who hold a permanent residence permit in the Member State concerned - Requirement that Turkish workers successfully take a test demonstrating a certain level of knowledge of the official language of that Member State - Justification - Objective of ensuring successful integration)
(2023/C 63/03)
Language of the case: Danish
Referring court
Østre Landsret
Parties to the main proceedings
Applicant: X
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 national legislation, introduced after the entry into force of that decision in the Member State concerned, which makes family reunification between a Turkish worker residing legally in that Member State and his or her spouse subject to the condition that that worker has successfully taken a test demonstrating a certain level of knowledge of the official language of that Member State, constitutes a ‘new restriction’ within the meaning of that provision. Such a restriction cannot be justified by the objective of ensuring successful integration of that spouse, since that legislation does not allow the competent authorities to take account either of the spouse’s own ability to integrate or of factors, other than successfully taking such a test, demonstrating the effective integration of that worker in the Member State concerned and, therefore, his or her ability to help his or her spouse integrate into that Member State.