Gülbahce v Freie und Hansestadt Hamburg – WLR Daily

Posted November 12th, 2012 in cohabitation, EC law, law reports, migrant workers, retrospectivity by sally

Gülbahce v Freie und Hansestadt Hamburg (Case C-268/11); [2012] WLR (D) 313

“The first indent of article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council precluded the competent national authorities from withdrawing the residence permit of a Turkish worker with retroactive effect from the point in time at which there was no longer compliance with the ground on the basis of which his residence permit had been issued under national law if there was no question of fraudulent conduct on the part of that worker and that withdrawal occurred after the completion of the period of one year of legal employment provided for in the first indent of article 6(1).”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk