Safet Eyup v Landesgeschaftsstelle des Arbeitsmarktservice Voralberg, C-65/98,  3 CMLR 1049
Facts: the applicants were two Turkish nationals
who were both legally resident in
Complaint: Mrs Eyup claimed a violation of Article 8 ECHR as a means of supporting her claim under Community law.
Holding: the ECJ ruled that
Reasoning: the Convention may be referred to as
an aid to the interpretation of the first paragraph of Article 7, Decision
1/80 governing the work permit authorization.
Community law must also be interpreted in the light of the
requirement of respect for family life governed by Article 8 of the
Convention. Given the nature of the applicant’s relationship with Mr Eyup,
the two periods of marital status could be aggregated to meet the five year
requirement of Article 7 Decision 1/80.
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