(Case C-123/17 Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 10March 2017— Nefiye Yön v Landeshauptstadt Stuttgart

Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 10March 2017— Nefiye Yön v Landeshauptstadt Stuttgart

(Case C-123/17)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Nefiye Yön

Defendant: Landeshauptstadt Stuttgart

Questions referred

Has the standstill clause laid down in Article7 of Decision No2/76 of the Association Council been completely superseded by the standstill clause laid down in Article13 of Decision No1/80 of the Association Council, or is the lawfulness of new restrictions on the free movement of workers, which were introduced between the entry into force of Decision No2/76 and the time when Article13 of Decision No1/80 became applicable, to continue to be assessed pursuant to Article7 of Decision No2/76?

If the answer to the first question is that Article7 of Decision No2/76 was not completely replaced: is the case-law of the Court of Justice of the European Union concerning Article13 of Decision No1/80 to be fully applied also to the application of Article7 of Decision No2/76, with the result that Article7 of Decision No2/76 also covers on that basis a national provision, introduced with effect from 5October 1980, under which the ability of the spouse of a Turkish worker to join that worker for the purpose of family reunification is made dependent on a national visa being issued?

Is the introduction of such a national provision justified on the basis of an overriding reason in the public interest, in particular the objective of effective immigration control and the management of migration flows, where the particular circumstances of the individual case are taken into account through the operation of a hardship clause?

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