Reference for a preliminary ruling from the Raad van State (Netherlands), lodged on 14 May 2012 - C. Demir; other party: Staatssecretaris van Justitie

(Case C-225/12)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Appellant: C. Demir

Other party: Staatssecretaris van Justitie

Questions referred

Is Article 13 of Decision No 1/80 ² to be interpreted as meaning that it is applicable to a substantive and/or formal condition governing first admission, even if such a condition - in the present case, the possession of a temporary residence permit - has as one of its objectives the prevention of illegal entry and illegal residence prior to the submission of an application for a residence permit and, to that extent, can be regarded as a measure, within the terms of paragraph 85 of the judgment in Joined Cases C-317/01 and C-369/01 Abatay and Others,  which may be made more stringent?

(a)    What importance is to be attached in this connection to the requirement of legal residence in Article 13 of Decision No 1/80?

(b)    Is it relevant in this connection that, even under national law, the submission of an application renders residence legal so long as that application has not been refused, or is the only relevant factor the fact that residence prior to the submission of an application is regarded as being illegal under national law?

____________

¹ - Decision of 19 September 1980 on the development of the Association, adopted by the Association Council established under the Association Agreement.

² - [2003] ECR I-12301.